|PARKING SERVICE AGREEMENT EXECUTED BY AND BETWEEN SAN JOSE PARKNFLY, S.A. DE C.V., REPRESENTED IN THIS ACT BY NATHAN VISSER, HEREINAFTER REFEREED TO AS “THE PROVIDER” AND BY THE PERSON WHOSE NAME APPEARS IN EXHIBIT “A”, HEREINAFTER REFEREED TO AS “THE CLIENT”, PURSUANT TO THE FOLLOWING DECLARATIONS AND CLAUSES:
I. THE PROVIDER DECLARES THROUGH ITS LEGAL REPRESENTATIVE THAT:
II. THE CLIENT DECLARES THAT:
PURSUANT THE AFOREMENTIONED DECLARATIONS, BOTH PARTIES SUBMIT THEMSELVES TO THE FOLLOWING:
C L A U S E S
FIRST. PURPOSE. The PROVIDER undertakes the obligation to receive and keep for the period mentioned on EXHIBIT “A”, the vehicle (the “VEHICLE”) property of the CLIENT which description is also contained in Exhibit “A” which signed by both parties constitutes the signature page of this Agreement.
The CLIENT drives the VEHICLE directly into the Parking Space.
SECOND.- PRICE. The CLIENT obliges to pay to the PROVIDER the amount (the “CONSIDERATION”) set forth in Exhibit “A”, which may be paid in dollars or in pesos calculated according to the rate published by the Banco de Mexico in the Official Gazette on the day of payment.
The CONSIDERATION shall be paid at the address of the PROVIDER set forth in EXHIBIT “A” in the dates therein specified.
In case the CLIENT does not pay the CONSIDERATION in the agreed payment dates, he/she will be obliged to pay to the PROVIDER the amount of $25.00 (Twenty-Five dollars 00/100 Legal Currency of the United States of America) plus the corresponding Value Added Tax (VAT) for each 15 calendar days in which the CLIENT is in breach of his/her payment obligation and up to a maximum of 3 (three) months.
THIRD. TERM. This Agreement shall be valid for the term specified in EXHIBIT “A”. Once elapsed such term, the parties may renew the Agreement previous written notice given by the CLIENT to the PROVIDER with at least one day in advance to the expiration of the initial term.
In case the CLIENT exceeds the term set in EXHIBIT “A”, without renewing this Agreement, the CLIENT shall pay to the PROVIDER for each month transpired, twice the amount of the Rent he/she is paying at the time plus the corresponding Value Added Tax (VAT).
FOURTH. GATE HOURS. The Parking Facility is open 24/7/365. Under no circumstances the CLIENT will be authorized to access the Parking Facility without the manager or guard present.
FIFTH. VEHICLE RETURN. The parties agree that in the event the VEHICLE remains for more than 90 (ninety) calendar days in the Parking Space or if the CLIENT fails to pay the Rent or any other amount owed under the terms of this Agreement, the PROVIDER shall notify in writing to the CLIENT such breach.
In case that within the following 24 (twenty four) hours, counted from the date in which the CLIENT receives the abovementioned notice, if the CLIENT do not remove the VEHICLE or do not pay the amount owed, in this act the CLIENT instructs and authorizes the CLIENT to hire a toll car company to remove the VEHICLE from the Parking Space and to deliver it to the domicile that for such purpose the PROVIDER has included in EXHIBIT “A”, on the understanding that any related expense, as well as the transportation risks regarding any accident, forfeiture, shall be the sole responsibility of the CLIENT. In such case, this Agreement shall be automatically terminated without the need of a prior judicial enjoinder and the PROVIDER shall not have any liability for the partial or total loss of the VEHICLE, nor its contents.
SIXTH. RESPONSIBILITY. In the case of theft, loss or destruction of the VEHICLE, the PROVIDER shall immediately notify the event to the CLIENT to his/her registered E-mail and the CLIENT shall appear within the following 5 (five) after the corresponding E-mail is sent, before the corresponding governmental authorities with the purpose to start the respective law suit and legal action.
Additionally, in the event of forfeiture, seizure and/ or requisition of the VEHICLE by any governmental authority (“Administrative Seizure”), the PROVIDER shall immediately report to the CLIENT via E-mail in order for the later to attend and carry out the corresponding process in their best interest. Based on the foregoing the CLIENT undertakes any and all liability and risk derived from any Administrative Seizure derived from any caused, therefore the CLIENT hereby releases the PROVIDER from any liability derived from any legal action, fines, complaint, administrative trials and penalties against the PROVIDER, including its agents, shareholders, legal representatives, successors and/ or assignees related to any Administrative Seizure and the CLIENT obligates to indemnify and hold the PROVIDER harmless.
Notwithstanding that the PROVIDER states to have adequate and convenient personnel and facilities necessary to provide the contracted services, the parties agree that the PROVIDER shall have no liability whatsoever derived from theft, damages, acts of God or force majeure affecting the VEHICLE and/or the Parking Space, including without limitation liability and damages to third parties, total or partial losses caused by hurricanes, earthquakes, fire of its contents or construction, floods, tornadoes, storms, water currents, strong winds, and any other meteorological phenomenon, nor for the acts of its employees. Therefore, the CLIENT hereby releases the PROVIDER from any liability that may arise under the aforementioned terms.
The CLIENT states that has a comprehensive insurance coverage of the VEHICLE while the Agreement is in force. If the CLIENT does not have this insurance, any damage or deterioration suffered by the VEHICLE shall not be imputable to the PROVIDER. In the event that the payment of any deductible derived from the Insurance is necessary, it shall be paid directly and from the funds of the CLIENT. The CLIENT releases the PROVIDER from any liability for the payment of the deductible and waives to exercise any and all legal action against the PROVIDER.
The CLIENT releases the PROVIDER, its employees, workers, service providers and any other person related to the PROVIDER from liability for any deterioration or damaged or total or partial loss of the VEHICLE, including loss of contents inside the VEHICLE, but not limited to, damage to the glass, bodywork, mechanical or electrical failures. Likewise, the CLIENT releases the PROVIDER, its employees, workers, service providers and any other person related to the PROVIDER from any type of liability, whether civil, commercial, criminal, tax, administrative, or any other type of controversy related to any damage to the VEHICLE in terms of this paragraph.
In case of any civil, criminal, fiscal, administrative, or commercial claim brought by any third parties in respect to the VEHICLE, the CLIENT undertakes the obligation to hold the PROVIDER harmless and free from any claim, fine, penalty seizure, requisition and/or action, and will be responsible of any judicial expenses and attorneys’ fees derived from such claims.
The CLIENT acknowledges that he/she does not leave the keys of the VEHICLE in the possession of the PROVIDER. However, if for any reason that is strictly necessary, the CLIENT leaves the keys of the VEHICLE with the PROVIDER, the CLIENT releases the PROVIDER, its employees, workers, service providers and any other person related to the PROVIDER from any kind of responsibility in the case of loss of the keys. In the event that the PROVIDER, its employees, workers, service providers and any other person related to the PROVIDER need to move the VEHICLE and the VEHICLE suffers damages, the CLIENT expressly releases the PROVIDER, its employees, workers, service providers and any other person related to the PROVIDER from any type of liability for such damages regardless of the amount of the damages.
SEVENTH. TERMINATION, DOMICILES AND JURISDICTION. The default and/or continuous breach of the obligations from any of the parties, will be enough cause for the immediate terminate of this Agreement, by means of a simple notification without the need for any prior judicial resolution.
EIGHT. CANCELLATIONS. All reservations are non-refundable / non-cancellable. The total amount will be collected at the time of booking and no refund will be offered for cancellations or no-shows.
For purposes of this Agreement the conventional domiciles of the parties shall be those mentioned on EXHIBIT “A”, which duly signed by the parties shall form an integral part of the same.
For the purposes of interpretation and compliance of this Agreement, both parties hereto expressly submit themselves to the jurisdiction and competence of the Courts in and for the Judicial District of the Municipality of Los Cabos, B.C.S., expressly waiving any other jurisdiction that may correspond to them by virtue of their present or future domiciles or for any other reason.
In the event of dispute, the Spanish version will prevail, since the English version is only for informative purposes.
This Agreement is executed in San José del Cabo, Baja California Sur, on the date established in Exhibit “A”.