Terms & conditions

Version July 2020

Subject of these Terms and Conditions
These General Terms and Conditions have been agreed upon between you and Guestpark B.V., located at Peelstraat 31, 1079 RN Amsterdam, and registered with the Chamber of Commerce under number 72041439. These terms outline all the conditions applicable to our services, including your rights and responsibilities when using our services, such as the LekkerParkeren platform.

LekkerParkeren services are intended for individuals or entities located in the Netherlands. The LekkerParkeren services are limited to the provision of products and/or services to you within the Netherlands.

These General Terms and Conditions apply to the (activation of) your account and your use of the LekkerParkeren platform and other LekkerParkeren services. As the right of withdrawal as referred to in Article 6:230o of the Dutch Civil Code does not apply, we advise you to read these General Terms and Conditions carefully before activating your account for Guestpark services and subsequently using them.

If you do not agree to these General Terms and Conditions, you cannot use the Guestpark services, including the LekkerParkeren platform.

By activating your account for the LekkerParkeren platform, you confirm that you have read, understood, and accept the applicability of these General Terms and Conditions.

When you register or use our services, you provide us with personal data. As your privacy is very important to us, we strive to keep you informed about any processing of personal data. For more information on how Guestpark processes your personal data, please refer to the Guestpark Privacy Policy (www.lekkerparkeren.nl/privacy-policy).

If you do not agree with the processing of your personal data as outlined in our Privacy Policy, we ask that you refrain from using our services.

Contents of these General Terms and Conditions:

1. Offer and availability of our services
2. Access
3. Use of our parking payment system
4. Payment and processing
5. Miscellaneous (including termination rights and limitation of our liability)
6. Contact Guestpark B.V.

Offer and Availability of Our Services

Our Services
We provide systems that allow you to pay for parking fees (our ‘parking payment system’) and other services related to parking and car use (‘related services’). Our parking payment system enables you to pay for parking at specific locations without using cash. By using one of the available methods, you can register your parking sessions in our system and pay retrospectively via a monthly invoice. We periodically charge you for parking fees.

Availability
You acknowledge that the use and availability of our parking payment system heavily depend on the operation of tools such as your mobile phone or device, internet, GPS receiver, and other means you may use to access our services. If, for any reason, you are unable to access or use our parking payment system, it is your responsibility, not ours, to use alternative payment methods to pay for parking. Failure to do so may result in parking fines or other charges.

For clarity, we cannot guarantee the availability of our parking payment system and related services, nor can we guarantee the availability of a parking space.

Partners
Our parking payment system and related services may be used in conjunction with services provided by our partners. Our partners will apply their own terms, which you must accept to use their services. We are not responsible for services offered by our partners.

Access

Access
You can access our parking payment system and related services via tools we make available to you. These tools are continually being developed and may be updated or discontinued from time to time. You must always follow the instructions for using the tool and ensure it is kept up-to-date.

Registration
Access to our tools may be restricted to registered accounts, and registration is subject to our approval. You are responsible for keeping your account details confidential and must not share them with anyone. A registered account is for your personal use only.

Before you can use our services to execute parking actions and associated payments via your registered account, you must verify your identity by entering your email address in combination with a password.

Please Note:

• You are responsible for providing accurate account, registration, and access details and ensuring they remain up-to-date.
• As the account holder, you are responsible for all parking actions initiated with your account, even if you have shared or allowed others to use it.

Use of Our Parking Payment System

Compliance with Parking Rules
You must always comply with (local) traffic and parking regulations and follow the instructions of (local) authorities and parking companies.

Parking Session Details
You are responsible for providing all necessary and accurate details for your parking session. These details are essential for processing your parking session in our system. You are solely responsible for ensuring these details are correct and for paying any fines or charges incurred due to incorrect session details.

Please Note:
We are not responsible for verifying the accuracy of your parking session details, and incorrect use may lead to fines, incorrect payments, or other unwanted consequences.

Reminders
If you choose to use reminders as part of our parking payment system, we will automatically send notifications to remind you of an ongoing parking session. However, your parking session remains your responsibility.

Guestpark is not liable for:

• Expiry of your specified or maximum parking time;
• Failure to receive push notifications for parking time expiration;
• Providing an incorrect parking location;
• Violations of local parking rules or instructions from parking inspectors;
• Temporary unavailability of parking functionalities.

Payment and Processing

Parking Fees
Parking fees are determined by the parking location operator and may change. We do not control the rates and advise against using our parking systems if you are eligible for special rates or discounts not supported by our system.

Our Fees
We charge additional fees for using our parking payment system and related services. Fees may include transaction service fees or a monthly subscription. We reserve the right to adjust our fees. For details, visit: www.lekkerparkeren.nl/tarieven.

Payment Method
You must select a payment method from those available in our system. By using our services, you accept that parking fees and our fees will be charged automatically and processed through a third-party payment processor.

For the full terms and all sections, please let me know if you’d like me to continue translating!

Payment
Depending on your selection and use of our parking payment system and related services, we will charge parking fees and our service fees either directly or periodically using automatic debits. We are responsible for ensuring correct payment processing, while you are responsible for maintaining sufficient funds to cover payments. Your recent parking history, invoices, receipts, and other transaction details are available in your account. Payments are received by us before we transfer the parking fees to the operator of the relevant parking location.

Payment Default
If you fail to pay the amounts due or make unjustified requests for chargebacks, we reserve the right to suspend the provision of our services to you immediately, without prejudice to our other legal rights. From the moment you default on your payment obligations, statutory interest will be charged.

Refunds
We are under no obligation to issue refunds or cancel parking actions registered in our parking payment system, except in the case of a system error on our part.

Please Note:
Upon registration, we immediately provide our services by granting you access to our parking payment system and related services, as expressly requested by you. You acknowledge that we begin performing these services immediately, and you therefore waive your right of withdrawal.

Miscellaneous (Including Termination Rights and Limitation of Our Liability)

Term
Our agreement to provide services under these General Terms and Conditions takes effect upon successful account registration.

If you order services subject to monthly subscription fees or other recurring charges, such services can be terminated at any time with a written notice of at least five business days before the first day of the following month. You may send your termination notice to: info@lekkerparkeren.nl.

We may terminate our services entirely or partially by providing written notice with a one-month notice period.

Non-Compliance and Misuse
We may immediately terminate or suspend this agreement if you fail to fulfill your obligations as described in these General Terms and Conditions or associated documents, or if you misuse or manipulate our services. You will be notified in writing if we choose to terminate or suspend our services.

The following events, among others, grant us the right to terminate or suspend our services immediately:

1. Reports of unauthorized or unusual use of the credit card linked to your account, including notifications from the issuing bank.
2. Reports of unauthorized or unusual account usage.
3. Abuse of the chargeback process provided by your bank.
4. An excessive number of disputes or chargebacks.
5. A mismatch between the name on the payment card linked to your account and the name registered for the account.
6. Reasonable grounds to believe that you systematically fail to pay parking fees or fines.
7. Inability to verify or authenticate the information you provide to us.
8. Belief that your account or activities pose a significant credit or fraud risk to us.
9. Belief that your actions could cause financial loss to you or us.
10. Undesirable notifications from credit rating agencies.

Force Majeure
In the event of force majeure, such as telecommunications infrastructure outages (internet), civil unrest, mobilization, war, road closures, strikes, lockouts, denial-of-service attacks, distributed denial-of-service attacks, business interruptions, supply stagnation, fire, flooding, or other circumstances beyond our reasonable control, we are not obliged to fulfill the agreement.

Limitation of Liability
Guestpark will make every effort to ensure the LekkerParkeren platform and services operate without interruptions or errors. However, Guestpark does not guarantee that:

• The LekkerParkeren platform and services will be continuously available;
• Faults, errors, or data loss will not occur; or
• All information and data available via the platform, including your transaction history, will always be accurate or up-to-date.

Guestpark is not liable for any damages you may suffer as a result of using the LekkerParkeren platform or services, unless such damages result from intentional misconduct or gross negligence by Guestpark.

For business use, our liability for damages incurred during the execution of this agreement is limited to the value of the service provided to you. Nothing in these General Terms and Conditions excludes liability for gross negligence, willful misconduct, or death or personal injury caused by our negligence, or any other liability that cannot be excluded under applicable law.

Warranty
You are entitled to statutory warranty rights regarding our services.

Assignment and Third-Party Rights
This agreement is concluded between you and us. No other person has the right to enforce any of its provisions. You may not transfer your rights to other parties without our prior written consent.

Changes to These General Terms and Conditions
We may amend these General Terms and Conditions. If we decide to do so, we will notify you of such changes on our website. You may terminate the agreement if you do not agree with these changes.

Each article of these terms and conditions operates separately. If a court or relevant authority deems one or more provisions unlawful, the remaining provisions will remain in full force.

Applicable Law and Jurisdiction
This agreement and these terms are governed by Dutch law. You may resolve claims, legal actions, or disputes through the competent courts in the Netherlands.

Contact Guestpark B.V.
If you have questions about our services, the website, these General Terms and Conditions, or anything related to our services, please contact us using the following details:

Email: info@lekkerparkeren.nl
Head Office:
Guestpark B.V.
Peelstraat 31
1079 RN Amsterdam