As filed with the clerk of the court in The Hague on 23 July 2019 and registered there under number 25/2019.
The conditions below have been translated automatically. The Dutch version is leading.
- Subscription holder
- The holder of a subscription that entitles you to use the Parking Facility during an agreed period and under agreed conditions.
- BKS Parking
- Bexpark BV in the capacity of owner, operator or manager of the Parking facility.
- Charge point
- A facility, including all associated and underlying installations, where an electric motor vehicle can be charged, a charging station can contain one or more charging points.
- Motor vehicle
- Motor vehicle as described in the 1990 Traffic Rules and Road Signs Regulations.
- Parking facility
- The parking garage and / or the parking area with associated areas and spaces.
- Parking ticket
- The by parker selected agent - such as an exit card, parking card, conference card, write-down map, time, credit card, subscription, QR-code - or each through and / or on behalf of BKS Parking preferred agent which provides access to the parking facility.
- Owner / user of a Motor Vehicle that has been brought into or on the Parking Facility.
- Parking fee
- The amount that the Parking User owes for the use of the Parking Facility, which amount is calculated according to the rates set by BKS Parking as stated at the entrance to the Parking Facility and / or on the payment terminal and / or on the Website. For subscription holders, the parking fee consists of the agreed fee for the subscription and (if applicable) a fee for the parked hours that are not covered by the subscription.
- The website operated by BKS Parking parker which has included the option to purchase a parking ticket and information available on consulting the relevant parking facility via bksparking.nl.
2 Parking agreement and applicable conditions
- Access to the Parking Facility is only granted subject to these general terms and conditions, which form part of every parking agreement concluded with BKS Parking. In addition, each parking agreement is governed by the regulations applicable to the relevant Parking Facility, as indicated on the spot.
- The articles referred to in these general terms and conditions can also be invoked vis-à-vis the Car Park User by the manager (s) and owner (s) of the Parking Facility, insofar as this is not the same party (s) as BKS Parking. This clause is irrevocable.
- A parking agreement is deemed to have been concluded by the mere fact of holding a Parking Ticket or by the mere fact of using the Parking Facility. In the event of disagreement as to whether there is use of the Parking Facility, it will be decisive whether the Parking User and / or his Motor Vehicle is or has been on the terrain that belongs to the Parking Facility.
3 Obligation BKS Parking
- BKS Parking provides the Parking User with a random space for one (1) Motor Vehicle, provided that sufficient space is available in the Parking Facility. The obligation of BKS Parking does not include the monitoring of the vehicle.
4 Access requirements
- A person and / or Motor vehicle is only admitted to the Parking facility with a valid Parking Ticket. The Parking Ticket remains the property of BKS Parking, is non-transferable and must be returned to BKS Parking upon termination of use.
- The entry and exit of vehicles in / out of the Parking Facility can only take place during the opening hours indicated in or at the Parking Facility or at specified times. BKS Parking sets the opening times and is entitled to change them at any time.
- Only cars with a maximum length of 5.50 meters, a maximum height of 1.80 meters and a maximum width of 2.10 meters may be parked in the Parking Facility. Parking of motorcycles, caravans, campers and trailers of any kind is not permitted, unless explicitly stated otherwise.
- BKS Parking is entitled to refuse access to the Parking Facility to any Motor Vehicle if BKS Parking considers this reasonable and fairness desirable. This case will mainly occur if BKS Parking knows or suspects that a Motor Vehicle is carrying explosive or other dangerous substances, including motor fuels, in the designated reservoir of the Motor Vehicle, and in the event that BKS Parking is of the opinion that the Motor Vehicle - having regard to the extent and / or gravity thereof - or by the items that are transported with it - can cause damage to the environment in the broadest sense. If the Parking Facility is not equipped with an LPG installation, BKS Parking is also entitled to refuse access to the Parking Facility to Motor Vehicles that (partly) use LPG as fuel.
- 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 Rules and Traffic Signs Regulations also apply in or to the Parking Facility.
5 Parking fee and payment
- Parking User owes Parking Fee for the use of the Parking Facility. Except in the case of a subscription, the Parking Fee is calculated according to the rates set by BKS Parking for single use, which are stated at or at the entrance to the relevant Parking Facility.
- Parker must pay the Parking Fee due before Parker leaves the Parking Facility with his Motor Vehicle, unless BKS Parking and Parker have made a different arrangement.
- After payment of the Parking Fee, the Car Park User must leave the Parking Facility with his Motor Vehicle as quickly as possible.
- In the event of loss or absence of the Parking Ticket, the Parking User is per day, or part thereof, on which, in BKS Parking's sole judgment, he has used the Parking Facility, the rate set by BKS Parking for the relevant Parking Facility. lost parking card ”. The parking lot must pay this amount before leaving the parking facility. The aforementioned “lost parking card” rate is without prejudice to BKS Parking's right to charge the Car Parker the actual parking costs, should they be higher than the “lost parking card” rate.
6 Use of the parking facility
- The Parking User enters and uses the Parking Facility entirely at his own risk. The Parker must exercise the necessary caution at all times, in particular with regard to the height of the Parking facility outside the carriageways.
- During the presence in or on the Parking Facility, the Car Park User must comply with the provisions of the Road Traffic Act, the further rules laid down pursuant to this Act, the Traffic Rules and Traffic Signals Regulations and the accompanying appendices, as well as the further rules pursuant to said Regulations. , to behave. In the event of non-compliance, the Car Park User is liable for the resulting damage.
- Parkinger is obliged to follow the instructions of BKS Parking and its employees (including the signposting and direction indicated), to place the Motor Vehicle at the indicated or indicated location and to behave in such a way that traffic in and / or the parking facility is not impeded and safety is not endangered. In the event of non-compliance, BKS Parking is entitled to withhold the Motor Vehicle by means of a wheel clamp and / or to deny Parkinger access to the Parking Facility.
- The staff of BKS Parking is entitled, if in the opinion of this staff, to move Motor Vehicles and / or persons within the Parking Facility and / or to remove any Motor Vehicle from the Parking Facility without this leading to any liability for BKS Parking or its employees. The state in which a Motor Vehicle is located can also be a reason for BKS Parking staff to remove this Motor Vehicle from the Parking Facility or to have it removed. When assessing the need to relocate and / or remove a Motor Vehicle, staff must consider reasonableness and care.
- The Car Park User and his Motor Vehicle should only leave the Parking Facility using a valid Parking Ticket or vehicle accepted by BKS Parking. Leaving the Parking Facility without using a valid Parking Ticket or means accepted by BKS Parking is not permitted under any circumstances. If the Car Park User breaches the aforementioned prohibition, he will owe the “lost parking card” rate set by BKS Parking for the relevant Parking Facility, plus an amount of additional compensation of € 300, and this without prejudice to BKS Parking's rights to claim other parking costs. actual (consequential) damage suffered. In the event of a violation of the aforementioned prohibition, the number plate of the Car Park User will be blocked until the Car Park Company has paid the rate due. The aforementioned “lost parking card” rate is without prejudice to BKS Parking's right to charge the Parker the actual parking costs that are higher than the “lost parking card” rate.
- The motor vehicles must be properly closed during parking and the lights must be switched off. The occupants of the Motor Vehicle who are parked in the Parking Facility are not permitted to stay in the Motor Vehicle longer than during the time required to park the Motor Vehicle in question. After the Motor Vehicle has been parked, the occupants must leave the Motor Vehicle and the Parking Facility.
7 Annoyance and limitation when using the Parking Facility
It is forbidden to:
- use the Parking Facility for purposes other than for parking vehicles;
- to offer, sell, rent or distribute goods or services in or on the Parking Facility;
- to consume alcoholic beverages in or on the Parking Facility or to have and / or use (soft) drugs;
- advertise in or on the Parking Facility without prior permission from BKS Parking;
- to smoke or make a fire in the Parking Facility;
- to bring or have explosive, flammable or otherwise dangerous and / or harmful substances into or on the Parking Facility, with the exception of motor fuels in the normal fuel reservoir of the Motor Vehicle intended for that purpose;
- to perform repairs to the Motor Vehicle or other work in or on the Parking Facility or to have the Motor Vehicle cleaned, unless explicit permission has been granted by or on behalf of BKS Parking;
- to leave waste in, on or near the Parking facility, other than small waste in designated bins;
- use pedestrian ramps, vehicle entrances and exits for pedestrians.
- A parking space at a charging station may only be occupied by electric motor vehicles that need the charging station to charge the battery of that electric motor vehicle. As soon as the battery of the electric Motor Vehicle is fully charged, the Parker must move the electric Motor Vehicle to a parking place without a charging point.
- The parked Motor Vehicle can only be collected during opening hours, except in those cases where BKS Parking has allowed the Parking User to gain access to the Parking Facility afterwards through the access system. The maximum parking time is 4 weeks, unless agreed otherwise in writing. At the end of this maximum term, the Parker will be required to pay a fine of € 25 per day, in addition to and above the normal parking rate, for each day that the Parking facility is still used after the maximum period has expired, without any notice of default being required is required and in full the right of BKS Parking to claim compensation in addition and above.
- BKS Parking is authorized to perform work or cause work to be carried out in or on the Parking Facility for the Parking Facility, public services, companies and / or third parties, without being obliged to pay any compensation to the Parker.
- Parkinger must ensure that no nuisance or inconvenience is caused to the users of the buildings located in the area or fellow users of the Parking Facility.
- If the Parking User fails to comply with any obligation imposed on him by virtue of the law, local regulations and customs and / or the agreement concluded with him including the applicable terms and conditions, the Parking User is obliged to pay all damages to BKS Parking. reimburse, suffered or suffered as a result of the above-mentioned shortcoming.
- If BKS Parking is forced to issue a summons, notice of default or other writ to the Car Park User or in the event of necessary procedures against the Car Park User, the Car Park User is obliged to pay all the costs incurred, including the costs of legal assistance, both in and out of court, to reimburse BKS Parking, unless the proceedings were wrongly initiated.
- BKS Parking is entitled at all times to keep the Motor Vehicle of the Parking User and / or to take appropriate measures, such as installing a wheel clamp or refusing access to the Parking Facility, as long as the Parking User does not owe all that he owes to BKS Parking.
- BKS Parking is also entitled to temporarily or permanently deny a parking person access if they do not comply with the rules laid down in these conditions.
- If the Car Park User has left a Motor Vehicle in the Parking Facility after the expiry of the maximum parking time as referred to in Article 7, paragraph 3, BKS Parking will request the Parking Carrier to remove the Motor Vehicle left behind. If the Parking User does not comply with this, BKS Parking can have the Motor Vehicle removed from the Parking Facility. BKS Parking will inform (former) Parking User of this in writing. The costs for removal and temporary storage of the Motor Vehicle as well as any status report are for the account of (former) Parking User. In the event that the address of (former) Parker cannot be traced despite reasonable efforts, it is sufficient to make a clearly visible request for removal under a windscreen wiper of the motor vehicle. If (former) Parking User has not collected the Motor Vehicle within three months after the last written message, BKS Parking will sell or destroy it. BKS Parking is then only obliged to reimburse the Car Park User for the sales proceeds less the costs of BKS Parking in connection with removal and temporary storage and possibly a status report of the Motor Vehicle. If the latter costs are higher than the revenue from the Motor Vehicle, the (former) Parking User must pay all these costs to BKS Parking.
- BKS Parking's obligation does not include the monitoring of the Motor Vehicle. BKS Parking is not liable for damage, theft, loss of the vehicle and the other property of the Parking User.
- BKS Parking is not liable for any damage whatsoever to the Parker's property, 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 caused by or on behalf of BKS Parking and / or the personnel present in the Parking Facility and this liability is not excluded in any other article of these general terms and conditions and the agreement with the Parking Owner.
- BKS Parking is not liable for any damage caused by or as a result of limited accessibility, inaccessibility of the Parking Facility or the consequences of malfunctions of the payment terminals, barriers and / or other installations belonging to the Parking Facility. li >
- BKS Parking is not obliged to compensate damage in the event of force majeure. Force majeure will in any case include a circumstance that is independent of the will of BKS Parking, as a result of which the fulfillment of the obligations arising from the agreement can no longer reasonably be required by the Car Park User of BKS Parking. This includes in any case work strikes, fire, government measures, business disruptions, bad weather conditions such as heavy rain, sleet or snowfall, as well as a shortcoming in compliance by third parties.
- Parkinger is liable for all damage caused by him. Damage caused by the Car Park User to the Parking Facility or the associated equipment and installations must be compensated on the spot unless BKS Parking and the Car Park User agree that the damage in question can be recovered from the Car Park User, whereby for determining the amount of the damage a whether expertise drawn up on behalf of BKS Parking will be decisive. The costs of drawing up this expertise are for the account of Parkinger.
- In this article, 'Parker' is also understood to mean other occupants of his Motor Vehicle.
- BKS Parking generates the personal data of the Parking User for the purpose of providing its services. The personal data obtained from Parkeerder is processed in accordance with the General Data Protection Regulation and other relevant laws and regulations. For a further explanation of the way in which BKS Parking processes the personal data of the Car Park User, BKS Parking refers to the privacy statement attached to these general terms and conditions. This privacy statement can also be consulted on bksparking.nl.
11 Special provisions BKS Parking online sales
- By placing a booking through the Website, the parking user can reserve a parking space or purchase another parking product. When making a booking, a one-off parking agreement is concluded between BKS Parking and the Parking User. The Car Park User is bound vis-à-vis BKS Parking to the booking made by the Car Park User and the corresponding Parking Fee due. The Parking User can only use the one-off parking contract in the Parking Facility by means of the Parking Ticket issued by BKS Parking.
- Parkinger must pay the Parking Fee due for the one-off parking agreement by paying via the electronic payment facility on the Website. Approving payment in the payment facility implies an explicit statement of approval from the Parking User to have the Parking Fee owed to be debited from his IBAN. If the payment via the payment facility is refused or reversed afterwards, the one-off parking agreement is not concluded or is terminated by the owner. The parking person will be informed of this either directly at the time of booking or shortly afterwards.
- The one-off parking agreement only entitles you to park a motor vehicle in the parking facility associated with the relevant parking product, as specified on the website. The one-off parking agreement applies subject to the availability of the allocated number of parking places for the relevant product. If the parking places prove to be (no longer) available, BKS Parking will not (yet) accept the booking and will inform the Parker of this as soon as possible.
- The one-off parking agreement only entitles you to parking within the booking period. Driving in later than the start of the booking period or driving out earlier than the end of the booking period has no influence on the validity period of the booking, the start and end time of the booking period and the paid parking fee. The Car Park User is therefore not entitled to a refund of the Parking Fee or any part thereof. Driving in earlier than the start of the booking period is not possible. Driving out later than at the end of the booking period is possible against payment of the applicable parking rate set by BKS Parking as stated at the entrance to the parking facility and / or on the payment terminal and / or on the website. Upon leaving the car, the one-off parking agreement will be terminated, unless the description of the booked parking product states otherwise.
- Parkinger can cancel the one-off parking agreement via the login module on the website. The cancellation is subject to a cancellation period of no later than 24 hours before the start of the booking. In the event of a cancellation within the cancellation period, the Parking User will receive the parking fee due in the form of a voucher. The voucher is valid for one year after issue. No refund will be made for cancellations outside the cancellation period.
12 Other provisions
- Agreements with BKS Parking staff members do not bind the latter, unless they have been confirmed in writing by an authorized representative of BKS Parking. In this context, employees are considered to be all employees and employees who do not have representative authority.
- Insofar as any clause in the agreement concluded between BKS Parking and the parking lot, including these general terms and conditions, is void or voidable or not applicable, this clause must be converted into such clause that does as much justice as possible to the purport of the void, destroyed or disregarded clause.
- BKS Parking is entitled to change these conditions at any time.
- All disputes arising from the agreement concluded between BKS Parking and the Parker including the present terms and conditions are exclusively subject to the judgment of the civil court, which is competent in the place of residence of the owner, who will speak law with application of Dutch right.
- If the Car Park User is a consumer, judgment can only be given by the competent court in the place of business of BKS Parking, if the Car Park User has not invoked this clause in writing within one (1) month, after BKS Parking has chosen to settle the dispute by the competent court according to the law.