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Terms and conditions

The access to the parking facilities is granted only under application of the following conditions, which are part of each one-time parking Agreement between the owner/operator of the parking facilities, and the user/parker.

Terms and conditions
Terms and conditions

1.                            GENERAL

1.1                Definitions

Owner/operator

Owner/operator and/or manager/operator of the Parking Facility and/or their/his representatives.

One-time Parking Agreement

A parking agreement that is concluded according to the terms and conditions as described in article 2.2 of these Terms and Conditions.

ParkingYou Products

ParkingYou parking products that can be booked via the website.

Motor vehicle

Motor vehicle as described in the 1994 Road Traffic Act (Wegenverkeerswet 1994).

Parking accommodation

The Parking facility or the parking area with associated grounds and spaces.

Parking provider

User of a Motor Vehicle that has been brought in or on the Parking Facility.

Parking ticket

Parking ticket, exit ticket, parking pass, reservation certificate, conference card, depreciation card, chip card, credit card or any other means with which access to the Parking Facility can be obtained.

Parking money

Amount that the Parker owes for the use of the Parking Facility.

Parking period

The period in which the Motor Vehicle is actually parked in/on the Parking Facility, being the period between the commencement date (including this date) and the actual end date (including this date) of the parking, which is determined on the basis of the information provided by the PMS (Parking Management System) registered time of entry and exit.

Reservation period

The period of time specified by the Car Park User in his ParkingYou booking in which the Motor vehicle is parked by the Car Park, being the period between the stated commencement date/time (including this date) and the indicated end date/time (including this date) of the parking.

Requirements

The present General Terms and Conditions, belonging to a One-time Parking Agreement.

Website

The Website operated by ParkingYou on the internet, with the address www.parkingyou.nl.

1.2                Applicable requirements

1.2.1        These conditions apply from March, 1st 2019 and replace all previous conditions relating to   the Parking Facilities of the Owner/operator.

1.2.2      Access to the Parking Facilities will only be granted subject to these Terms and Conditions, which form part of every One-time Parking Agreement between the Car Park User and the Owner/operator.

1.3                One-off Parking agreement

1.3.1        A One-off Parking Agreement is deemed to have been realized solely by the fact of holding a Parking Certificate or by the mere fact of using the Parking Facility. If there is disagreement as to whether there is already the use of the parking facilities, will be determined by the fact that the parker is in the terre belonging to the parking facilities or has been found.

1.3.2        A random location in the Parking Facility will be made available to the Car Park. The obligation of the Owner/operator does not include the monitoring of the Motor Vehicle.

1.4                Parking ticket

A Motor Vehicle is only admitted to the Parking Facility with a valid Parking Certificate, or after performing an action indicated by the Owner/operator that makes it possible, after repeating it, to charge the Parking Charges the parking fee due upon leaving the Parking Facility.

1.5                Parking money

The parking fee is calculated according to rates set by the owner/operator as stated in the parking facility or at the entrance of the parking facility.

1.6                Access

1.6.1        A valid Parking Card or an accepted booking through the ParkingYou booking site entitles you to access the Parking Facility and to park one Motor Vehicle.

1.6.2       Entering Motor Vehicles in the Parking Facility and disembarking Motor Vehicles from the Parking Facility can only take place during the opening hours indicated in or at the Parking Facility, or for further agreed times. The Owner/operator determines the opening hours.

1.6.3       Only private cars and company cars with a maximum length of 4.80 meters may be parked in the Parking Facility. The height of the Motor Vehicles may not exceed that indicated at the entrance to the Parking Facility.  Trailers of any kind, including caravans, are not allowed in the Parking Accomodation. Parker is intended to take account of the fixed opbjecten in the Parking Accommodation, so that parkingspots may be lower than the height specified by row height.

1.6.4       The Owner/operator is entitled to refuse the access to the Parking Facility to any Motor Vehicle if the Owner/operator considers it desirable with due observance of reasonableness and fairness. This case will occur in particular if the owner/operator knows or suspects that a motor vehicle transports explosive or other hazardous substances , including motor fuels in the appropriate reservoir of the motor vehicle and in case the owner/operator is of the opinion that the Motor Vehicle, in view of the size and/or heaviness, or by the goods that are transported with it, can cause damage to the surroundings in the broadest sense. If the Parking Facility does not have an LPG Detection installation, the Owner/operator is also entitled to refuse access to the Parking Facility for motor vehicles that use (partly) LPG as fuel.

1.6.5       The Motor Vehicles parked in or on the Parking Facility must meet the same conditions as Motor Vehicles parked on public roads. The Road Traffic Act and the Traffic Regulations and Traffic Signs Regulations also apply in or on the Parking Facility.

2                    PAYMENT

2.1               Payment

The parking fee due must be paid before the Parker leaves the Parking Facility with his Motor vehicle, unless another arrangement has been made.

2.2               No valid parking permit

If the parking provider can not show a valid parking permit, he will owe the tariff for a full day for each day or part thereof that he has used the parking facility.

3                    USE OF THE PARKING ACCOMODATION

3.1                Rules

3.1.1        During the attendance in or on the grounds of the Parking Facility, the Car Parker must behave in accordance with the provisions of the Road Traffic Act, the further regulations pursuant to this Act, the Traffic Regulations and Traffic Signs Regulations and the associated annexes, also the further rules laid down in the aforementioned regulations. In the event of non - fulfillment thereof, the Car Park User is liable for the resulting damage.

3.1.2        The Car Park Manager is also obliged to follow instructions from the personnel of the Owner/operator, to place the Motor Vehicle at the indicated or indicated location and to behave in such a way that the traffic in and/or at the Parking Facility is not hindered and the safety is not compromised.

3.1.3       The staff of the Owner/operator is entitled, if this is necessary in the opinion of these personnel, to move Motor Vehicles within the Parking Facility and/or remove any Motor Vehicle from the Parking Facility, without this being the sole liability of the Owner/operator or staff. When assessing the need to relocate and/or remove the staff, the reasonableness and care must be respected.

Motor Vehicles must be properly locked during parking and the lights must be extinguished. It is not permitted for the occupants of the Motor Vehicles parked in the Parking Facility to stay in the Motor Vehicle for longer than during the time needed to park the Motor Vehicle in question. After the Motor Vehicle has been parked, the occupants must leave the Motor Vehicle and the part of the Parking Facility that is solely for parking.

3.2                Nuisance / limitations use

3.2.1       It is forbidden to sell goods, offer them for sale, rent them out or offer them for rent in or on the Parking Facility.

3.2.2      It is forbidden to explosive, flammable or otherwise dangerous and / or hazardous substances in bringing the park accommodation then do have, fuel in the appropriate standard fuel tank of the motor vehicle exception.

3.2.3       It is forbidden to carry out repairs to the Motor Vehicle or any other work in or on the Parking Facility, unless explicit permission has been granted by or on behalf of the Owner/operator.

3.2.4       The parked motor vehicle can only be collected during the opening hours, except in those cases in which the owner/operator has given the car parker access to the parking facility via the access system. The maximum parking time is 4 weeks, unless otherwise agreed in writing. Once this maximum limit reached, the user of the parking accommodation is obliged, next to and above the normal parking rate, to pay a parking fine of € 15.00 per day for each day the Parking Accomodations is still used after the expiration of the maximum term of Parking facilities, without any notice of default being required and the right of the Owner/operator of the Parking Facility to claim compensation in addition to above and beyond.

4                    NON-FULFILLMENT

4.1.               Attributable shortcoming

4.1.1       If the Car Parker fails to fulfill any obligation that is imposed on him by virtue of the law, the local regulations and customs and / or the agreement concluded with him, including the conditions applicable to it, the Car Parker shall be liable to the Owner/operator for all damage to be compensated by suffering as a result of the negligence mentioned above.

4.1.2       If the Owner/operator is obliged to have a summons, notice of default or other writ to be issued to the Car Park or in the event of necessary procedures against the Car Park, the Car Park Provider is obliged to pay all costs incurred including the costs of legal assistance, both in and out of court. , to compensate the Owner/operator, unless the procedure was wrongly entered into.

4.1.3       The owner/operator is always entitled to retain the motor vehicle while not all that he claims under the One Time Park Agreement is met.

4.1.4       If the Car Parker has left a Motor Vehicle in the Parking Facility and despite written request or summons from the Owner/operator refuses, for any reason whatsoever, is unable to remove the abandoned Motor Vehicle the owner/operator can have the abandoned motor vehicle removed from or from the parking facility within 14 days after the request or the summons (in the event that the address of the parking provider can not be determined despite reasonable effort, it is sufficient to apply a clearly visible request for removal under a windscreen wiper of the Motor Vehicle). If the Parker has not collected the Motor Vehicle within 3 months, the Owner/operator is entitled to sell or destroy the Motor Vehicle. The Owner/operator is then only obliged to compensate the Car Park for the sale proceeds less the parking fee due, any fine and the costs of the Owner/operator in connection with removal and the temporary storage of the Motor Vehicle. If the parking fee, any fine and the costs of the Owner/operator are higher than the proceeds of the Motor Vehicle, the Parking Charger must pay all these costs to the Owner/operator . If the person of the Car Parker or his place of residence or place of residence is unknown and the Owner/operator is therefore not able to request the Car Parker in writing or summon the Motor Vehicle, the Owner/operator is within 3 months after the Motor Vehicle in or on the Parking Facility is parked, entitled to have the Motor Vehicle removed from or from the Parking Facility, subject to the provisions of this paragraph.

4.2               Non-attributable shortcoming

4.2.1     A shortcoming can not be attributed to the Owner/operator if it is due to a circumstance beyond the control of the Owner/operator as a result of which the fulfillment of the obligations arising from the agreement can no longer reasonably be attributed by the Parking provider to the Owner/operator. This in any case includes strikes, fire, government measures, business failures and a shortcoming in the performance by third parties.

5. LIABILITY

5.1               Liability

5.1.1     The agreement concluded between the parties does not include surveillance. The Owner/operator does not accept any liability for theft or the loss of property of the Car Park. The Owner/operator also accepts no liability for any damage whatsoever to property of the Car Parker as well as for bodily injury and/or any other damage caused directly or indirectly by or as a result of the use of the Parking Facility, unless the damage is directly is caused by or on behalf of the Owner/operator and/or the staff of the Parking Facility and this liability is not excluded in any other article of these Terms and Conditions. "Car park" is here also understood to include other occupants of his Motor vehicle.

5.1.2      The parking provider is liable for all damage caused by him. Damage caused by the Car Parker to the Parking Facility or the associated equipment and installations must be reimbursed locally or must be reimbursed by the Car Parker after the Owner/operator has made an assessment of the damage, all this without prejudice to the provisions of Article 4.1.3.

6. SPECIAL PROVISIONS PARKINGYOU BOOKING SITE

In addition to and / or in deviation from the provisions in the General Conditions and for this are on ParkingYou booking site the special provisions included in this chapter apply.

6.1 The parking facility

6.1.1      The parking provider can use a ParkingYou booking via the Website, in which the exact Reservation Period must be indicated, reserve a parking space in the context of one of the parking products of ParkingYou .

6.1.2     The ParkingYou booking only gives the right to park the Motor Vehicle in/on the Parking Facility belonging to the relevant parking product, as specified on the Website. The ParkingYou booking expressly gives no right to park in / on other Parking Facilities.

6.2 Reservation, change and cancellation

6.2.        The Car Parker can only use a ParkingYou booking by filling in the reservation form for the desired parking product via the Website.

6.2.2     For the ParkingYou booking a booking term of 1 hour applies before the start date/time of the Reservation Period.

6.2.3     The ParkingYou booking is subject to the availability of the relevant ParkingYou reservation product assigned number of parking spaces. If the parking places do not seem to be available (anymore), ParkingYou will not accept the booking and inform the Parking Manager as soon as possible.

6.2.4     The Car Park User must state on the reservation form the starting date and the end date of the Reservation Period. If the Car Park User has determined his choice, a full statement will be shown accompanied by a statement of the Parking Fee due. Then the parking provider is asked if he wants to go to the electronic payment facility to pay the parking fee due. If the Car Park User then clicks on the button with which the payment is made, the One-time Parking Agreement for the relevant Parking You will come product with ParkingYou, and the Parking Charger towards ParkingYou is bound by the reservation made by him.

6 .2.5    After finalizing the reservation or booking, ParkingYou will confirm this by sending an e-mail to the e-mail address specified by the Car Park User. The confirmation serves as proof of the existence and content of the One-time Parking Agreement.

6.2.6     The Car Park User may at any time cancel or change his reservation via the "manage booking" option on the Website. For canceling a reservation Owner/operator handles a 24 hour  cancellation policy before thestart of the reservation period .

6.2.7     In case of cancellation of a ParkingYou booking in accordance with the provisions of Article 6.2.6, the parker receives the paid parking fee back on his bank account.

6.2.8     In case of canceling a ParkingYou booking contrary with the provisions of Article 6.2.6, there will be no refund of the parking fee payable.

6.3               Parking fee and payment

6.3.1      The Parker can fullfill the payment of Parking Fee due by payment via the electronic payment facility on the Website. The approval of the payment in that electronic payment facility implies an explicit agreement by the Car Park User to have the Parking Fee due debited from his bank account.

6.3.2     If the payment is refused via the electronic payment facility, the booking will not be made. The Car Parker is informed of this either directly at the time of booking or shortly thereafter.

6.3.3     ParkingYou will mention an interim change of rates on the Website. An interim change that falls in the period after the Parker has made the booking final and before the start date of the reservation period, does not affect the parking costs of the booking.

6.4               Parking

6.4.1     With a ParkingYou Booking the entrance of the Parking Accomodiation is done by so called entry keys, which are recognized when driving into the parking accommodation. These entry keys are: registration number or QR code and are explained in more detail in this article. On the basis of the entry key the reservation will be recognized and the exit card will automatically be presented, or the barrier will be opened. If necessary, a ticket is printed by the entry terminal and the ticket must be taken out before the barrier opens. This ticket is necessary to enter the garage on foot. The booking confirmation states whether this is necessary for the chosen Parking accommodation.

6.4.2      License plate: The license plate is automatically recognized when driving up, after which the barrier opens. On leaving the Parkeeraccommodat ie the license plate number is again recognized. If the Reservation Period matches the Parking Period, the Parking Manager can leave the Parking Facility.

6.4.3     QR code: If the parking provider has this option when making a reservation, ParkingYo's parking provider will send you a QR code with the e-mail confirmation. This presents the Parking Manager at the entry terminal, after which the exit ticket is presented.

6.4.4     It is not possible to enter the parking accommodation at an earlier or later date/time than the commencement date of the Reservation Period. However, it is possible to leave the Parking Facility at an earlier or later date/time than the end date of the Reservation Period under the following conditions.

6.5  Later on / drive up

6.5.1.     If the Car Parker who has a Parking You When a booking has been made, at a later date/time than the commencement date/time of the Reservation Period, the Parking Facility drives in/on, this has no influence on the end date / time of the Reservation Period: the end date/time remains unchanged. The Car Park User is also not entitled to a refund of any part of the paid parking fees.

6.6     Drive out earlier

6.6.1      If the Car Parker who has booked a ParkingYou reservation leaves the Parking Facility at an earlier date/time than the end date/time of the Reservation Period, the Parking Period ends per the date/time on which the Car Parker actually leaves the Parking Facility with his Motor Vehicle. and automatically ends the Reservation Period. The Car Park User is not entitled to a refund of any part of the paid parking fees.

6.7     Later on

6.7.1.     If the parker has done a ParkingYou booking and leaves at a later date/time then the end date / time of the Reservation Period, the Park Accommodation will charge him for the time he exceeds the Reservation Perio against regular parking fee . The amount charged for exceeding the amount must be paid separately by the parking provider in the manner described in the confirmation email .

6.8     Drive up earlier and drive out later

1.            If the Car Parker who has booked a ParkingYou booking, enters on an earlier date/time than the commencement date/time of the Reservation Period and also leaves the Parking Facility after the end date/time of the Reservation Period, the Car Parker must pay the full applicable regular parking fee. The PMS (Parking Management System) can not recognize the Reserved Reservation Period in that case. In that case, the Car Park User can not make a claim for set-off or reimbursement of the parking fees to be paid with the costs already paid pursuant to art. 6.3 paid parking fees in the context of the electronic booking.

7               PERSONAL DATA

7.1         To implement a ParkingYou booking, ParkingYou will process personal details of the car parker. For a more detailed expression of the privacy policy, the parking provider can consult the website under 'privacy policy' and 'cookie policy'.

8               OTHER PROVISIONS

8.1               Appointments

Agreements or agreements with staff members of the Owner/operator do not bind the latter, insofar as they have not been confirmed by him in writing. As members of staff, all employees and employees who do not have representative authority can be considered in this connection.

8.2               Conversion

Insofar as any clause in the agreement concluded between the Owner/operator and the Car Parker including the present Conditions is null and void or is voidable or the other party states that any clause is not applicable because in the given circumstances this is unacceptable by standards of reasonableness and fairness and would be relying on it is approved or accepted by the court, this clause should be geconventeerd in such a clause as much as possible do justice to the scope of the invalid or void or inapplicable clause left.

8.2.1               Dutch law 
Dutch law applies to this agreement. The right judge is the one in 's-Hertogenbosch.

8.2.2               Domicile 
All written communications, including summons, arising from or in connection with this agreement and Terms and Conditions, must be sent to:

ParkingYou BV, Victoriapark 4, 5611 BM Eindhoven

Chamber of Commerce number: 61779474 
Or an address to be specified by the Owner/operator and / or operator.