Parking Space Agreement
1. Overview
This Agreement is a license to occupy a designated parking space for a defined period. It is not a lease of real property in the sense of Articles 1642 to 1688 of the Civil Code of the Philippines, and creates no tenancy, possessory, or proprietary right in favor of the Driver. The Owner retains full ownership, possession, and control of the parking space and the surrounding premises at all times.
2. Parties
The parties to this Agreement are:
- The Parking Space Owner (the "Owner") — the verified Parada user who has listed the parking space and accepted the booking.
- The Driver (the "Driver" or "Renter") — the verified Parada user who has booked the parking space and paid the applicable fees.
The identities of the Owner and Driver for a specific booking are reflected in the booking confirmation email and on the booking receipt page accessible to both parties. Parada Technologies, Inc. ("Parada") is the platform operator and is not a party to this Agreement. See Section 14.
3. Subject of the Agreement
The Owner grants the Driver a temporary, non-exclusive, revocable license to park a single registered vehicle in the parking space identified in the booking confirmation, during the booking period, and subject to the terms of this Agreement and any building or property rules applicable to the premises.
4. Booking Term
The booking period begins on the start date and time, and ends on the end date and time, both as stated in the booking confirmation. The Driver shall vacate the parking space on or before the end time. Any extension of the booking period requires an approved extension request through the Parada platform and payment of the corresponding extension fees.
Failure to vacate the parking space on time without an approved extension may give the Owner the right to seek towing, removal, or other remedies under applicable law, and may subject the Driver to additional charges as published on the Parada platform.
5. Fees and Payment
The Driver shall pay all booking fees, including any service fees, through the Parada platform via its accredited payment processor. Payments made outside of the Parada platform are not recognized under this Agreement and are made at the Driver's sole risk. The Owner shall not solicit or accept off-platform payment for any booking facilitated through Parada.
6. Use of the Parking Space
The Driver shall:
- Use the parking space solely to park the registered vehicle disclosed during booking;
- Comply with all reasonable instructions from the Owner and with the building, subdivision, or property rules applicable to the premises;
- Park within the marked lines of the assigned space and not obstruct adjacent spaces, driveways, fire lanes, or pedestrian paths;
- Not use the parking space for any unlawful purpose, for storage of hazardous materials, for vehicle repair (other than emergency repair), or for any commercial activity not authorized in writing by the Owner; and
- Not transfer access credentials, RFID tags, gate passes, or keys to any third party.
7. No Sub-letting or Assignment
The Driver may not sub-let, share, assign, or otherwise transfer the right to use the parking space, in whole or in part, to any third party. Any such attempted transfer is void and is grounds for immediate termination of the booking without refund.
8. Damage and Liability
The Driver is liable to the Owner for any damage caused by the Driver, the Driver's vehicle, or any person acting on behalf of the Driver to the parking space, its access infrastructure (gates, RFID readers, barriers), or to other vehicles or property on the premises, except for ordinary wear and tear.
The Owner is liable to the Driver for damage to the Driver's vehicle only where the damage is directly caused by the Owner's gross negligence or willful misconduct. The Owner is not liable for damage caused by other tenants, occupants, visitors, third parties, or by acts of nature.
9. Vehicle Security and Insurance
The Owner does not act as a depositary, bailee, or custodian of the Driver's vehicle within the meaning of Articles 1962 to 1998 of the Civil Code of the Philippines. The Driver assumes the risk of parking and is solely responsible for securing the vehicle, including locking the vehicle, activating alarms, and removing valuables.
Each party shall maintain its own insurance coverage appropriate to its role. The Owner shall maintain insurance, if any, covering the parking premises. The Driver shall maintain compulsory third-party liability insurance as required under Republic Act No. 4136, and comprehensive coverage on the vehicle is strongly recommended. Neither party is required to add the other as a named insured.
10. Cancellations and No-Shows
Cancellations, no-shows, and refunds are governed by Parada's published Terms and Conditions and the cancellation policy displayed at the time of booking. The cancellation policy in effect at the time the booking was made shall apply.
11. Force Majeure
Neither party is liable for any failure or delay in performing this Agreement caused by events beyond its reasonable control, including but not limited to typhoons, floods, earthquakes, fire, government-mandated lockdowns or evacuations, civil unrest, strikes, power outages, or acts of war or terrorism (each, a "Force Majeure Event").
If a Force Majeure Event prevents the use of the parking space for the booked period, the Driver shall be entitled to a pro-rata refund of the unused booking fee through Parada's standard refund process, and neither party shall be entitled to claim further damages from the other.
12. Indemnification
Each party shall indemnify, defend, and hold harmless the other party (and, where applicable, Parada) from and against any third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to that party's breach of this Agreement, its negligence, or its willful misconduct.
13. Limitation of Liability
To the maximum extent permitted by Philippine law, each party's aggregate liability to the other for any claim arising out of or relating to this Agreement is limited to the total fees actually paid for the specific booking giving rise to the claim. Neither party shall be liable for indirect, consequential, special, incidental, punitive, or exemplary damages, including lost profits or lost business opportunities, even if advised of their possibility.
Nothing in this Section limits liability for death, personal injury caused by gross negligence or willful misconduct, fraud, or any other liability that cannot be excluded under Philippine law.
14. Parada as Marketplace
Parada operates a technology platform that connects Owners and Drivers. Parada is not a party to this Agreement, does not own, lease, control, or manage the parking space, and does not provide parking, custodial, valet, security, or insurance services. The Agreement is entered into directly and exclusively between the Owner and the Driver.
Parada's role is limited to: (a) listing the parking space; (b) facilitating booking and payment through accredited payment processors; (c) providing identity and residency verification of users; and (d) providing customer support and mediation as described in Section 18. Parada makes no representation or warranty as to the condition, safety, suitability, legality, or availability of any parking space, except as may be set out in Parada's published Terms and Conditions.
15. Data Privacy
The collection, use, storage, and disclosure of personal information by Parada in connection with this Agreement is governed by Republic Act No. 10173 (the Data Privacy Act of 2012), its Implementing Rules and Regulations, and Parada's Privacy Policy. By using the Parada platform, each party consents to the processing of personal information as described in the Privacy Policy and to the limited disclosure of contact and booking details to the other party for purposes of fulfilling this Agreement.
16. Electronic Acceptance
This Agreement is entered into electronically. Each party agrees that, in accordance with Republic Act No. 8792 (the Electronic Commerce Act of 2000) and its Implementing Rules and Regulations, electronic acceptance — including by completing the booking, paying through the platform, or accepting a booking request — has the same legal effect as a handwritten signature, and that electronic records of the Agreement are admissible as evidence under the Rules on Electronic Evidence (A.M. No. 01-7-01-SC).
17. Governing Law
This Agreement is governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict-of-laws principles.
18. Dispute Resolution
The parties shall resolve any dispute arising out of or in connection with this Agreement in the following sequence:
- Direct discussion (within 5 calendar days). The aggrieved party shall first notify the other party in writing via the Parada platform messaging or by email, and the parties shall attempt to resolve the dispute in good faith.
- Parada-facilitated mediation (within 15 calendar days). If the dispute is not resolved, either party may request mediation by Parada Customer Support at [email protected]. Parada's role is limited to facilitation and Parada has no obligation to render a binding decision.
- Small Claims. Where the principal amount claimed (excluding interest and costs) does not exceed the threshold set under A.M. No. 08-8-7-SC (Rules of Procedure for Small Claims Cases), as amended (currently Four Hundred Thousand Pesos, ₱400,000.00, for first-level courts), either party may commence an action for a small-claims case in the appropriate Metropolitan, Municipal, or Municipal Circuit Trial Court.
- Regular Courts. Disputes not within the small-claims threshold, or that have not been resolved through the above steps, may be brought before the competent courts of the Philippines.
19. Venue
The parties agree that the proper venue for any judicial proceeding arising out of or relating to this Agreement is the court of competent jurisdiction in the city or municipality where the parking space is located, to the exclusion of all other venues, without prejudice to the rules on venue for small-claims cases.
20. Severability and Entire Agreement
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be interpreted or replaced to achieve, to the maximum extent permitted by law, the original intent of the parties.
This Agreement, together with the Parada Terms and Conditions, the Privacy Policy, and the booking confirmation, constitutes the entire agreement between the Owner and the Driver with respect to the booking. No oral representation, side agreement, or prior communication shall vary the terms of this Agreement unless reduced to writing and accepted by both parties through the Parada platform.
Questions about this Agreement? Email [email protected]. Parada reserves the right to update this Agreement; the version effective at the time of a booking governs that booking.