Act No. 57/2005 on the Supervision of Business Practices and Marketing imposes extensive obligations on those engaged in commercial activity to give consumers clear and appropriate information before, during and after a transaction takes place. Correct information is a fundamental prerequisite for consumers to be able to make an informed decision about a transaction, and it is therefore regarded as an unfair commercial practice to withhold information from consumers or to provide it in a misleading or unclear manner.
Information that is material to consumers must be presented clearly, prominently and accessibly on signage at the place where the charge is made, before the consumer becomes bound by a contract. The information Neytendastofa considers material for consumers is information on all prices, on the charging period, and on whether — and if so, how high — a charge may be imposed on consumers if payment for the service is not made within a certain time. In addition, it is important to provide information on who consumers are entering into a transaction with when they park in the facility. The above information must be presented in large, prominent type that stands out from the other information on the signage.
Payment obligation, chargeable area and service provider
It must be made clear whether a parking facility is subject to a charge and for what times the charge applies
The chargeable area must be clearly demarcated
Information must be given on who the service provider is, where further information about them can be obtained and how the service provider can be contacted
It is important that consumers understand when they are entering into a transaction and with whom. It must therefore be made clear when parking is subject to payment. If payment is required on particular days, at particular times of day, or after the consumer has been in the parking facility for a certain length of time, this must be explained simply and clearly. In addition, the chargeable area must be clearly demarcated, and before the payment obligation arises it must be stated who the service provider is, how further information about them can be obtained and how they can be contacted in connection with the service.
If a consumer can drive between parking areas operated by different businesses, as is the case in some parking garages, it must be ensured that consumers can tell, in an obvious and simple manner, which chargeable area they are in at any given time and to whom payment is to be made.
Payment methods, prices and other charges
The final price must be stated wherever it can be given in advance
Where the final price cannot be stated, information must be given on the amount of all charges, whatever they are called, when they must be paid or from whom they originate
Guidance must be given on the payment methods available and on any conditions attached to them, for example the time the consumer has to complete payment
Price counts as information that is material to consumers before they become bound by a contract. Sellers therefore have an unequivocal duty to state the final price of goods or services in advance, or to explain how the price is calculated if it cannot be stated in advance.
Just as sellers may themselves determine the price of their goods and services, they may decide how payment for the service is accepted. But in order for consumers to be able to pay for the service they use, they need to know how payment is to be made. In many cases this is obvious, but in others it may be necessary to explain specifically how to pay. This applies in particular where more than one payment method is available. If consumers are offered several different ways of paying for their stay in a parking facility (for example at a pay machine, through a dedicated app, on the seller’s website, or by a payment slip sent to their online bank), these must be clearly explained. At the same time, any conditions attached to the use of a given payment method must be stated. That applies, for example, where an automatic payment system is in place but the consumer must activate the service in order to use it, or where the consumer may pay for the service electronically afterwards but must do so within a specified time limit.
If a charge is added to the price depending on which payment method is used, the price for each individual payment method must be stated clearly. Consumers are then able to make an informed decision about how they wish to pay for the service.
Where the charge for a stay in a parking facility is a single fee for a specified period, as is the case at various tourist sites, the final price must be stated together with the period that payment covers.
If an additional charge is levied, it is not sufficient to state the parking fee alone. The amount of all additional charges the consumer must pay must be stated, together with an indication that additional charges may arise.
Where the charge for a stay in a parking facility is set up as a time-based fee and the final amount depends on the time the consumer spends in the facility, the final price cannot be given in advance. In that case, consumers must be given information on all the factors that affect the price and on the amount of each of them. This means that the parking fee must be stated together with the basis on which time is measured (for example ISK per hour), and if any other charge is added, its amount must be clearly stated as well.
Consequences of not paying for the service immediately
Information must be given on the consequences if the consumer does not pay for the service within the time specified by the seller
A claim should not be sent to a consumer’s online bank without the consumer knowing where information about the claim can be obtained
Payment for the use of paid parking facilities is made either at the start of the service, immediately at the end of it, or within a specified period after the service ends.
Consumers must be informed of the measures that will be taken if they fail to pay, and of the costs this may entail.
Camera systems are now widely used in parking facilities, and the owner or keeper of the vehicle is sent a claim in their online bank for the parking fee plus a cost for having the claim sent. Since the banks’ claim systems do not allow detailed information about a claim to be provided to consumers in their online bank, some other means must be provided for consumers to access this information, and it must be ensured that consumers are informed of how they can obtain it.1
1 On this point, reference is made to Neytendastofa decision No. 13/2021 and to the ruling of the Consumer Affairs Appeals Committee in case No. 10/2021, Business practices of BPO Innheimta ehf.