The Service and Subscription (as defined hereinafter) provided by ParkBee B.V., registered with the trade register of the Chamber of Commerce under number 58811001 with its registered office at Mr. Treublaan 7 (1097 DP) Amsterdam, the Netherlands (“ParkBee”, “us”, “we” or “our“), are subject to these Terms of Use (“Terms“). These Terms apply to any Agreement between ParkBee and the user of the service (“Customer”, “you” or “your“). These Terms can be found on ParkBee’s website.
Click here to download these Terms. Read our Terms of Use for the United Kingdom here.
1. Definitions
Certain terms appearing in these terms and conditions have a fixed meaning (whether or not the term is capitalised) unless otherwise specified:
“Agreement” means any agreement between ParkBee and Customer regarding the use of (any aspect of the) Service, which may take any form, including an electronic agreement or distance agreement, whether in writing or otherwise, which Agreement is subject to these Terms;
“ANPR” means automatic number plate recognition;
“App” means the application of ParkBee available on mobile phones as well as other compatible devices such as smartwatches and infotainment systems of certain types of vehicles;
“Booking” means an online booking by the Customer through the App or a Third-Party Application of any parking space in a Car Park or Parking Location on a particular date and time, by providing the Number Plate and other personal data required (e.g. email address and phone number) for ParkBee to process the Booking as indicated;
“Camera System” means the automatic number plate recognition (ANPR) camera system that can be used to allow Customers to enter or exit the Car Park;
“Car Park” means parking facilities in the area and/or building of garage owners managed by (or on behalf of) us and intended for the parking of vehicles;
“Community" means a ParkBee service that enables garage owners to provide access to the Car Park for tenants of the garage owner via smartphone
Community Manager - the individual at the tenant of the garage owner who can create, modify and delete Community Members within the parking space made available; and
Community Member - the tenant's employee who parks through the Community Manager, provided access to the Community Member. This access is provided through the smartphone (supporting the latest smartphone version);
“Confidential Information” means ParkBee’s information regarding the Service, documentation, software, trade secrets embodied therein and any other written or electronic information that is either (i) marked as confidential and/or proprietary, or which is accompanied by written notice that such information is confidential and/or proprietary, or (ii) not marked or accompanied by notice that it is confidential and/or proprietary but which, if disclosed to any third-party, could reasonably and foreseeably cause competitive harm to the owner of such information. Confidential Information shall not include information which, as demonstrated by you, is: (i) publicly available, (ii) lawfully obtained by a party from third parties without restrictions on disclosure, or (iii) independently developed by a party without reference to or use of Confidential Information;
“EReg” means Association of European Vehicle and Driver Registration Authorities and/or its specific member in the related country;
“Force Majeure Event” means any events or circumstances, or any combination of such events or circumstances, which are not attributable to ParkBee, including but not limited to malfunctions of the internet or other telecommunications facilities, failures by (third) parties on which ParkBee depends when providing the Service (such as garage or real estate owners offering the Car Parks), power outage or failure, malfunctioning of the Car Parks, the defective condition of items, equipment, software, data provided by the Customer, or other materials which the Customer has instructed ParkBee to use and/or the non-availability of one or more members of staff (due to illness, strikes or otherwise);
“Number Plate” means the official registration number of a Vehicle, as included on the number plate(s) attached to the relevant Vehicle;
“ParkBee Product” means any of the Service or products offered by ParkBee from time to time, including but not limited to Parking Per Minute and Subscriptions;
“Parking Fee” means the fee that the user pays that is based on the monthly, daily, or hourly rate of the Car Park or Parking Location (including platform surcharge, the "marketplace fee," if applicable);
“Parking Location” means any parking space, location, lot and public parking zone, each time not being a Car Park, providing a parking space by using the Service;
"Parking Per Minute" means the service that allows the Customer to pay per minute for the exact time parked, by providing the Number Plate and other personal data required (e.g. email address and phone number) for ParkBee to process the Parking Transaction;
"Parking Transaction" means paying for and parking through ParkBee's Service;
“Payment Notice” means a notification requiring the Customer to pay any unpaid payment and Service Fee(s) and payments owing to a breach of obligations;
“Service” means ParkBee’s parking management system (including its software and technology), allowing Customers to park in vacant parking spaces of Parking Locations and Car Parks via App, Website or Third-Party Applications, including Parking Per Minute and Subscriptions, as well as any other additional services provided by ParkBee from time to time;
"Service Fees" means fees that ParkBee charges a Customer for the use of the Service, including Parking Transactions, Subscriptions and/or any other agreed fees. The Service Fees are calculated per Parking Transaction or Subscription and help ParkBee to provide the best locations and service for its Customers;
“Subscription” means the Agreement which allows Customer to use a specific Car Park, either for a defined or recurring period, for which it pays a monthly subscription fee (including platform surcharge, the 'marketplace fee', if applicable) to ParkBee. A Subscription can be a Personal Subscription or a Business Subscription;
“Third-Party Application” means any third-party application in which the Service is integrated;
“Vehicle” means any vehicle used to convey passengers or items, including any mechanical device on wheels or tracks, its equipment and accessories; and
“Website” means ParkBee’s website https://www.parkbee.com.
2. Services – General
2.1. Customer may purchase the Service, including a Booking, directly from ParkBee or through a Third-Party Application as relevant (such as other parking apps). When using a Third-Party Application, payment will be handled by the provider of the Third-Party Application.
2.2. When using the App, the Customer may need to register an account with ParkBee to complete a Parking Transaction. ParkBee may reject an application for an account.
2.3. An Agreement is concluded between Customer and ParkBee once the Service or Booking is purchased/made.
2.4. The Customer can access their account via the App or Website, which includes access to relevant account information and a parking history.
2.5. Certain aspects of Services offered through the App may require Customer to enable the “Allow location access” and/or “Allow notifications” functions on the Customer’s mobile device, vehicle or other technical solutions approved by ParkBee from time to time.
2.6. When Customer uses the Service to make a Booking for which it pays the Parking Fees and Service Fees in advance, the Customer purchases the Booking directly from ParkBee. Payment is handled by ParkBee.
2.7. If Customer overstays the period as booked in the Booking, the Booking shall tacitly be extended on a Parking Per Minute basis from the end time of the Booking until the actual time of exit from the Parking Location or Car Park. Customer accepts that additional fees may be charged by ParkBee in case of overstay (including additional Service Fees). Additional Parking Fees and any additional fees charged for the overstay must be paid before leaving the relevant Parking Location or Car Park.
2.8. When Customer uses the Parking Per Minute Service to arrive at a Parking Location or Car Park, the customer purchases the Service directly from ParkBee. Customer must pay for the Services before exiting the relevant Parking Location or Car Park.
2.9. Due to specific rules set by certain Car Parks, Customer may, depending on the location of the Car Park, only be able to select a fixed parking duration which cannot be ended early or extended. In such event, this will be notified to Customer when making use of the Services.
2.10. The Service may be integrated with Third-Party Applications. These Third-Party Applications are governed by their own terms and conditions and/or other relevant terms or (privacy) policies. Customer’s use of these Third-Party Applications will be governed by and subject to such terms and conditions and/or other relevant terms or (privacy) policies. Customer acknowledges and agrees that ParkBee is not responsible or liable for Customer’s use of any Third-Party Application and/or for any Parking Transaction the Customer may enter into with the provider of any such Third-Party Application.
2.11. New additions or changes to the Services resulting in different product offerings may in the future be subject to separate fees.
3. Parking Fees and Service Fees
3.1. The Parking Fees and Service Fees payable by Customer (as applicable from time to time) are displayed directly by ParkBee or via Third-Party Applications. Service Fees may not be applicable if the Customer has subscribed to a monthly pricing plan.
3.2. ParkBee may offer a monthly subscription plan a Customer may subscribe to, which waives Service Fees for Parking Transactions, in exchange for a fixed monthly fee. A Customer can activate or terminate such a plan at any time, with effect from the next monthly billing period. No refunds are provided for partial months upon cancellation.
3.3. The amount payable by the Customer for a Booking must be accepted in order to complete the Booking successfully. Depending on how the Booking is made, the Booking fee, amounting to the combination of the Parking Fees and Service Fees, will have to be paid either in advance or afterwards, for instance through SEPA direct debit.
3.4. ParkBee may pre-authorise a variable amount on the preferred payment method of the Customer to verify sufficient funds for use of the Services. This amount is dependent on multiple factors, such as the hourly parking rate at the selected location or the estimated total Parking Fee. Once a parking session is ended using the App, such pre-authorised amount will be adjusted to match the actual Parking Fee, which is then charged to the selected payment method.
3.5. To set up SEPA direct debit, ParkBee may request a verification payment (e.g. EUR 0.01) to confirm the relevant IBAN account used. The Customer, by providing their IBAN and confirming this payment, authorises ParkBee and its payment service provider(s) to send instructions to the relevant bank and debit the account. The Customer may request a refund for the relevant parking session, in accordance with the terms and conditions of their banking agreement. Any refund must be claimed within 8 weeks from the transaction date. A fee of up to EUR 25 may be charged for each unjustified refund. ParkBee will deactivate the account of a Customer in the event that payment for a parking session cannot be collected.
3.6. The Customer may save certain payment methods in their account. The Customer shall ensure that the selected payment method is active, unrestricted and connected to an account (where applicable) with adequate funds or credit available.
3.7. Unless agreed otherwise, the Customer is obliged to pay the Parking Fees and Service Fees and to follow the instructions in the payment statement, as supplemented to these terms and conditions. Failure to do so may result in a Payment Notice.
3.8. ParkBee is at all times entitled to change the Parking Fees and Service Fees in a reasonable manner and to the extent permitted by law, and/or to change the pricing model. Any Bookings made before such changes will not be affected.
3.9. ParkBee may use a dynamic pricing model to determine the appropriate Parking Fee and Service Fee. This means that Parking Fees and Service Fees may increase during peak hours, which is determined by algorithms, supply, demand and location, and may vary by Car Park and by Parking Transaction.
3.10. The Service Fees are not refunded in the event of a cancellation by the Customer. Services Fees will be refunded if ParkBee cancels the booking due to unforeseen circumstances.
3.11. ParkBee reserves the right to amend its prices and fees. For Services subject to monthly fees, such amendments shall take effect no earlier than thirty (30) calendar days after the Customer has been notified. For Services charged on a per-transaction basis, amended prices and fees shall apply immediately and take effect at the time the Customer books the relevant Service. The applicable prices and fees are displayed in the App, Website or Third-Party Application at the time of booking.
4. Bookings
4.1. Certain Car Parks allow for Bookings to be made for a particular time period in advance, as indicated in the Booking process. A Booking may, in some situations, be mandatory for using the Services in a particular Car Park.
4.2. Once a Booking is made, the Customer shall be entitled to access the relevant Parking Location or Car Park for the time as indicated during the Booking process. The Customer should ensure that they are able to enter the Parking Location or Car Park within the mentioned time period before completing a Booking.
4.3. Once a Booking has been made, it can be changed or cancelled up to 1 hour before the start of the Booking. No refunds will be given by ParkBee with respect to cancellation of any Booking after that period, as Section 6:230p(d) of the Dutch Civil Code applies. In exceptional situations in which ParkBee is unable to meet the Customer’s request regarding a Booking (i.e. no free parking space is available), the Customer is entitled to a refund of the Parking Fees and Service Fees, provided that the Customer notifies ParkBee of this without delay via support@parkbee.com or other available channels, as indicated on the Website or App.
4.4. In order to make a Booking, ParkBee requires the Number Plate of the Customer's Vehicle. Once the Booking has been made, the Customer can enter and exit the Parking Location or Car Park with the Vehicle whose Number Plate has been provided and/or with the help of third-party apps, in accordance with these terms and conditions. If the Customer also holds a business account, they can always select which account to use before entering the Car Park.
4.5. Certain Car Parks can be accessed by using ANPR. Relevant data, including the Number Plate, is processed in accordance with ParkBee’s privacy statement to be found here: https://parkbee.com/en/pages/privacy
4.6. ParkBee does not provide any technical support for the Camera Systems and assumes no liability for any interruptions or downtime. In such cases, the Customer must immediately contact the owner of the Car Park and/or the operator of the Camera System.
5. Personal Subscription
5.1. A Subscription is purchased directly from ParkBee. Once the Subscription is activated, the Customer can make use of the Services.
5.2. A Customer needs to set up a user account in order to use a Subscription. With the user account, Customer can subscribe to a Parking Location or Car Park and set up a monthly billing cycle (based on the calendar months), unless otherwise agreed. ParkBee reserves the right to reject setting up an account for any (potential) Customer.
5.3. The Subscription will be activated on the start date chosen by the Customer when first subscribing for the Subscription. Payment for the first billing cycle (one month) can be made at any time within the user account, but must ultimately be completed no later than the chosen start date. The payment date for the first billing cycle will be considered the activation date of the Subscription. If the payment for the first billing cycle is not paid by the chosen start date, the Subscription will not be activated and the Customer will not be able to use the Car Park.
5.4. Customer can cancel a Subscription anytime through their user account. When cancelled, the Subscription will stay active until the end of the then relevant billing cycle.
5.5. ParkBee can cancel a Subscription at any time on reasonable grounds in the event that keeping the Subscription active cannot be reasonably expected or due to unforeseen changes or changes beyond ParkBee’s control.
5.6. A Subscription will automatically end at the end of the relevant active billing cycle. Customer has the option to change the Subscription to another location, by contacting ParkBee customer support, whereby other or additional conditions may apply.
5.7. ParkBee is at all times entitled to adjust the Subscription fees in a reasonable manner and to the extent permitted by law.
5.8. Under applicable EU consumer protection laws, the Customer may have the right to cancel the Subscription within 14 days of purchase by notifying ParkBee’s customer service. If the Customer has used the Subscription during the withdrawal period, the Customer is charged for the days the Subscription was used on a pro rata basis.
5.9. In case of late payment, statutory interest shall be due in accordance with Article 6:119 Dutch Civil Code (Burgerlijk Wetboek), calculated from the due date until full payment is received. In addition, ParkBee is entitled to compensation for all reasonable costs incurred in collecting overdue amounts, including but not limited to Payment Notices and all debt collection efforts (which amount will at a minimum be EUR 40).
6. Business Subscription
6.1. A Business Subscription is purchased directly from ParkBee. Once the Business Subscription is activated, the Customer can make use of the Services. ParkBee reserves the right to reject setting up an account for any (potential) Customer.
6.2. ParkBee will create a Community account for the Customer so that the Customer can add Community Members and users. Each Community Member and user must use Community and log in to enter and exit the Parking Location or Car Park to which the Business Subscription relates to.
6.3. The Business Subscription is active after signing the cooperation agreement and starts on the agreed start date as specified in such agreement. The Subscription is tacitly renewed monthly and uses a monthly billing cycle unless otherwise agreed in the cooperation agreement.
6.4. The standard payment term for all invoices shall be 30 calendar days from the date of the invoice.
6.5. If payment for any invoice is not received by ParkBee within the agreed 30 calendar days payment period, access to the Parking Location or Car Park to which the Business Subscription relates to may be terminated and a collection agency may be called in. In addition, a late payment service fee will be applied. The late payment service fee will amount to an additional 5% of the total order value (excluding VAT) specified in the original invoice. Additional 5% late payment service charges will be applied every 30 days during which payment remains outstanding, until the then full outstanding amount is settled. For the sake of clarification, if an original order amount is EUR 1,000 (excluding VAT), a late payment fee of 5% (EUR 50 (excluding VAT) will be added to the outstanding amount.
6.6. ParkBee will notify the Customer of any late payment service fees applied to their outstanding balance. These notifications will be sent to the email address provided by the Customer in their account information.
6.7. Any payments received from the Customer will be applied to the outstanding balance in the following order: first to any late payment fees, then to accrued interest, and finally to the principal invoice amount.
6.8. In the event of a dispute regarding the late payment fee or any other aspect of the invoice, the Customer must promptly notify ParkBee in writing. The parties will work together in good faith to resolve any disputes in an equitable and timely manner.
6.9. A delay in applying late payment fees shall not constitute a waiver of ParkBee’s right to impose such fees.
6.10. The Customer may terminate the Business Subscription at any time against the end of the then current billing cycle, taking into account a notice period of one calendar month. This termination must be submitted in writing at abonnement@parkbee.com. ParkBee will confirm the termination in writing.
6.11. ParkBee can cancel a Business Subscription at any time on reasonable grounds in the event that keeping the Business Subscription active cannot be reasonably expected or due to unforeseen changes or changes beyond ParkBee’s control. The Business Subscription is automatically terminated at the end of the billing cycle. The Customer has the option to change the Subscription to another location, by contacting ParkBee customer support, whereby other or additional conditions may apply.
6.12. ParkBee is at all times entitled to adjust the Subscription fees in a reasonable manner and to the extent permitted by law.
8. Claims and Complaints
8.1. If Customer’s Vehicle sustains damage while in the Car Park, Customer’s Vehicle is stolen or any possessions are stolen from Customer’s Vehicle while it is in the Car Park the Customer should;
a. immediately notify ParkBee’s customer services department (to be contacted via support@parkbee.com or via the contact details available on our website: https://parkbee.com);
b. in the case of theft, immediately inform the police; and
c. notify their insurers promptly.
8.2. Any claims against ParkBee or complaints about the Service, should be addressed to the customer services department to be contacted via support@parkbee.com. Before submitting a claim, please be informed of and refer to clause 24 (Liability) of these Terms, which set out the extent of ParkBee’s responsibility and liability in relation to any damages or loss.
8.3. In the event of malfunctions in the Car Park, the Customer may, under certain circumstances, be entitled to compensation in accordance with the policy published on the ParkBee website.##
9. Security of The Vehicle
9.1. Unless the Customer is specifically instructed by ParkBee not to do so in the case of emergency, the Customer shall ensure that their Vehicle is left securely locked with all windows securely closed and any Vehicle alarm, steering lock or similar device fitted must be engaged, if applicable. ParkBee is neither responsible nor liable for any damage or loss arising from a failure by the Customer to properly secure its Vehicle. The Customer is solely responsible for their parking session and accepts that they are parking at their own risk.
9.2. In, at or near Parking Locations or Car Parks, CCTV cameras may be operational. The Customer acknowledges that CCTV may act as a deterrent to criminal activity. ParkBee does not make any representation as to the coverage provided by such CCTV or guarantee of the security of the Customer’s Vehicle if the video surveillance cameras are installed in, at or near Parking Locations or Car Parks.
9.3. Any possessions left in a Vehicle are left entirely at the Customer’s risk. ParkBee is not liable for any theft by third parties from the Customer’s Vehicle.
12. Enforcement of These Terms
12.1. ParkBee may either manually or on the basis of automated processes, including through CCTV, ANPR or the analysis of parking data (such as check-in or check-out data), check whether the Customer complies with these Terms. ParkBee reserves the right to request and obtain additional information through the EReg. ParkBee may engage third-party services, such as private security or enforcement companies. Where these Terms refer to a right for ParkBee to impose additional fines or charges, such fines or charges may inter alia be collected by ParkBee itself, via Third-Party Applications or through a bailiff.
13. Safety in The Car Park
13.1. For safety reasons the Customer is not entitled to remain in their Vehicle in the Car Park or elsewhere in the Car Park except for the purposes of parking or removing the Vehicle. After Customer has parked their Vehicle, the Customer must proceed immediately to the nearest passenger lift, staircase or exit, following the recommended route (if any). Customers are only entitled to use the Car Park in accordance with these Terms and additional instructions as applicable and shall not access any other buildings, locations or other places in connection with the Car Park unless such buildings, locations or places contain ParkBee signs from which follows that these are ParkBee approved walkways. The Customer must not, in any circumstances, exit the Car Park by walking under a Vehicle exit barrier, unless the Car Park does not offer another exit and requires the Customer to exit through or by circumventing the entrance.
14. Ticket Types and Payment Methods
14.1. Customer must, depending on the payment methods available, pay the Parking Fee or costs for personal subscriptions, including any Service Fees, via the Service or via Third-Party Applications in which the Service is integrated as applicable. ParkBee reserves the right to offer other payment methods via the Service. For business Subscriptions, payment is made via credit card or invoicing.
14.2. The Subscription fees and Service Fees (for both personal and business Subscriptions) are collected in advance for the month or quarter to which these costs relate.
14.3. The (digital) parking ticket is only valid for the Vehicle in respect of which it is issued.
15. Access and Re-location of Vehicles
15.1. ParkBee reserves the right to refuse the admission of any Vehicle to the Car Park for any legitimate reason whatsoever.
15.2. ParkBee reserves the right to move Vehicles within the Car Park using whatever method we consider appropriate (even if, as a consequence, damage is caused to your Vehicle) to the extent that is reasonably necessary for the purposes of safety of persons or property, or to avoid obstruction at the Car Park.
15.3. ParkBee reserves the right to move or have moved at its instruction Vehicles within or remove them from the Car Park, at its own initiative or upon request of the party offering the Car Park, using whatever method we consider appropriate (even if, as a consequence, damage is caused to your vehicle), in the event the time the Vehicle is parked in the Car Park exceeds the amount of time allowed in the Car Park, as specified to the Customer through the Service.
15.4. ParkBee additionally reserves the right to ask a lawful authority to remove any Vehicle to another reasonably convenient car park, whether or not operated by ParkBee, where the Car Park has to be unexpectedly closed permanently or temporarily, either in whole or in part, due to a matter outside of ParkBee’s control, or if the Car Park has to be evacuated in an emergency.
15.5. To the extent that it is necessary to do so in the exercise of the rights conferred upon ParkBee in this clause, ParkBee reserves the right to drive or otherwise take your Vehicle onto a public highway. In doing so ParkBee will take reasonable care of the Vehicle.
16. Abandoned Vehicles
16.1. ParkBee is entitled to regard as abandoned any Vehicle left in the Car Park for more than 28 days without prior notification to ParkBee, or which is not known to be covered by a current valid reason, Subscription, or other ticket or booking.
16.2. ParkBee reserves the rights to engage and/or permit a lawful authority to remove (or where we are unable to identify the current legal registered keeper of the Vehicle, to take steps ourselves to remove) and to dispose of as waste or sell any abandoned Vehicle. Before proceeding with the disposal or sale of abandoned Vehicles ParkBee will:
a. refer the matter to the appropriate authorities, which may include the local police and the EReg; and
b. affix a notice to the Vehicle at least seven (7) days before the date on which ParkBee proposes to remove the Vehicle stating that the Vehicle will be removed and sold when that period expires.
16.3. Abandoned Vehicles will be disposed of as waste or sold by auction. When sold by ParkBee, the proceeds of sale will be applied in and towards satisfaction of all sums owing to ParkBee together with the expenses of sale and ParkBee’s reasonable storage and removal costs for the period during which the Vehicle is in ParkBee’s possession.
16.4. Any balance of the sale proceeds remaining after satisfaction of any sums owing will be held by ParkBee on behalf of the registered keeper of the Vehicle and paid over on proof of entitlement.
17. Prohibited Activities and Abuse
17.1. Customer must not tow any Vehicle into the Car Park except as part of services offered at the Car Park by persons authorised by ParkBee and no work on and no cleaning of Vehicles by the Customer or the Customer’s agent, other than with ParkBee’s prior specific permission, is permitted in the Car Park. In the event of Vehicle breakdown, the Customer must contact the Car Park attendant to ensure that the Vehicle removal or repair is organised without causing disruption, damage or danger to any other person or property in the Car Park.
17.2. No activity in connection with the selling, hiring or other disposal of vehicles or goods or services may be carried out in the Car Park without ParkBee’s prior specific written permission.
17.3. The Customer is not allowed to dispose of any items or drop litter in the Car Park. Customers are kindly requested to place any rubbish/litter in the bins that are provided or to take it away with them when leaving the Car Park.
17.4. Customers are not allowed to pour petrol, or any other fuel, into their Vehicle whilst it is in the Car Park. Customers are also not allowed to take petrol, or any other fuel, out of their Vehicle whilst it is in the Car Park.
17.5. Smoking is forbidden within both the Car Park and the immediate vicinity of the Car Park.
17.6. Anti-social behaviour will not be accepted in ParkBee’s Car Parks. This includes (but is not limited to) drinking alcohol, taking or dealing in illegal substances, fighting and/or loitering. Car Parks are designed for the sole purpose of parking Vehicles. If Customers cause a nuisance or disturbance to others it may be recorded by CCTV and action may be taken against them.
17.7. Customers should not take photos or carry out any filming within the Car Park without ParkBee’s written consent.
17.8. The Customer is obliged to pay for the full period during which their Vehicle is parked in the Car Park, including the Booking as applicable, in accordance with the agreed arrangements and Parking and Service Fees. The Customer is not allowed to fraudulently or artificially modify, shorten, manipulate or alter the time for which they are to compensate ParkBee. By way of example: the Customer is not allowed to pretend to leave the Car Park while their Vehicle is still parked, or to pretend to enter the Car Park, while their Vehicle is already parked. In the case of a violation of this clause, ParkBee is entitled to impose (or have imposed) an additional fine of EUR 300, and also to charge the Customer for the actual or estimated parking fees which the Customer was owed to ParkBee.
18. Confidentiality
18.1. Customer shall keep Confidential Information about ParkBee strictly confidential. Customer shall not in any way disclose to anyone any Confidential Information about ParkBee, including (but not limited to) any information about the Service, the provision of the Service, any activity, financial matter, business plan, intellectual property right, information system, working method, employee and supplier relating to the Service. The foregoing does not apply if and insofar as:
a. Customer is obliged by law to disclose such information, in which event Customer shall consult with ParkBee about how this will be effected; or
b. Customer has obtained prior written consent from ParkBee.
19. Data Protection and Privacy
19.1. ParkBee processes personal data (including data relating to a Vehicle’s VRM or owner) in accordance with the ParkBee Privacy Policy.
20. Intellectual Property, Ownerships and Restrictions
20.1. Customer acknowledges that all rights, titles and interests in and to the Service are owned by or licensed to ParkBee, software applications and application programming interfaces related to the Service, and any modifications and enhancements thereof, contents, material and information made available via the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws.
20.2. Customer will not: (i) copy, reproduce, alter, modify, or create derivative works from the Service; (ii) license, sublicense, sell, resell, rent, lease, distribute, transfer, timeshare, assign or resell the Service, or use the Service as the basis for developing a competitive solution (or contract with a third-party to do so); or (iii) remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Service. The Customer will use the Service in compliance with all applicable laws and regulations.
20.3. Customer will not: (i) sub-license its right to access and/or use the Service; (ii) permit any unauthorised person or third-party to access or use the Service; (iii) use the Service to provide services to third-parties; (iv) republish or redistribute any content or material from the Service; and (v) make any alterations to the Service; (vi) circumvent (technical) measures or misuse the Service in any way in order to prevent or limit payment of the Parking and Service Fees due.
20.4. Customer will not authorise or encourage any third-party to (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by ParkBee; or (ii) use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
20.5. If Customer does not comply with this section 20 of the Terms, ParkBee may hold the Customer liable without notice and claim compensation for damages already suffered or future damages. The Customer acknowledges paying the damages imposed without deduction of any litigation costs.
21. Term and Termination
21.1. The Terms will continue to apply until terminated by ParkBee or Customer as follows.
21.2. The Customer has the right to terminate the Agreement at any time within the applicable conditions (e.g. up to 60 minutes before the start of a Booking), for any reason or no reason, by unsubscribing from the Service, unless otherwise agreed or if the Customer has a Subscription. If the Customer has a Business Subscription, a notice period of one month applies from the next billing cycle. Customers with a Business Subscription should cancel it in writing at abonnement@parkbee.com.
21.3. ParkBee may at all times terminate the Agreement, entirely or partly, in writing (by e-mail) with immediate effect and without payment of compensation, in case (i) Customer violated these Terms (ii) ParkBee’s provision of the Service to Customer is no longer commercially viable or desirable, to be decided by ParkBee at its sole discretion.
21.4. Terms that by their content are intended to survive the expiration or termination of these Terms, including (without limitation), provisions governing ownership and use of intellectual property, warranties, liability, indemnification, governing law and jurisdiction, will survive the expiration or termination of these Terms.
22. Force Majeure
22.1. ParkBee shall not be liable for any non-performance of its obligations pursuant to the Terms if such non-performance is caused by a Force Majeure Event. In case of a Force Majeure Event, ParkBee has the right to suspend the execution or further execution of the Service.
23. Third-Party Applications
23.1. The Service may be integrated with Third-Party Applications. These Third-Party Applications are governed by its own terms and conditions and/or other relevant terms or (privacy) policies. Customer’s use of these Third-Party Applications will be governed by and subject to such terms and conditions and/or other relevant terms or (privacy) policies. Customer acknowledges and agrees that ParkBee is not responsible or liable for Customer’s use of any Third-Party Application and/or for any parking transaction the Customer may enter into with the provider of any such Third-Party Application.
24. Liability
24.1. The Customer acknowledges and agrees that parking is at their own risk. The Agreement does not include permanent surveillance of the Vehicle by ParkBee or the relevant garage or real estate owners.
24.1.1. ParkBee cannot be held liable, to the extent permitted by law, for any damage resulting from theft and loss of, or other damage to the Vehicle or other belongings of the Customer placed in the relevant Car Park.
24.1.2. The limitations of liability as set in this clause 24 may also be invoked vis-à-vis the Customer by the relevant Car Park garage or real estate owner.
24.2. The Customer acknowledges that the Service, as an internet-delivered software application, may experience periods of downtime, including but not limited to scheduled maintenance and that ParkBee depends on the availability and accessibility of third-party software (including but not limited to the EasyPark application). ParkBee makes no representations or warranties, whether express, implied or statutory, with respect to the Service provided hereunder, including the Service and any documentation, content, data and materials made available with the Service. ParkBee specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringements, and accuracy. ParkBee does not warrant that the Service will be error-free or operate without interruptions or downtime, that the parking spaces offered via the Service are available in the Car Park or that the results obtained from the Services meet Customer’s needs.
24.2.1. In no event shall ParkBee, under any circumstances, be liable to the Customer for any direct, indirect, incidental, special, punitive, or consequential damages (including but not limited to of profit, missed savings, damage due to company stagnation, reputational damage) whatsoever resulting from and/or in connection with (i) any claim of any nature arising under the Terms (ii) mistakes, or inaccuracies of content or information available via the Service (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service (iv) any errors, viruses, bugs, trojan horses, interruptions or downtime of the Service and/or third-party software (including but not limited to the EasyPark application) (v) any use of the Service by the Customer. In no event shall the aggregate liability of ParkBee exceed the amount you paid ParkBee for the Service, if any, in the past 6 (six) months before occurrence of the event giving rise to the claim.
24.2.2. The limitation of liability set forth in this section shall not apply to damages arising from wilful intent or gross negligence from the side of ParkBee (“opzet of bewuste roekeloosheid”).
24.3. The Customer agrees to hold harmless and indemnify ParkBee, and its affiliates, management, officers, agents, subcontractors and employees from and against any third-party claim arising from or in any way related to Customer’s, including its affiliates, management, officers, agents, subcontractors and employees, and or other person’s (i) use of the Service; and (ii) violation of the Terms, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
25. General
25.1. ParkBee reserves the right to unilaterally amend these Terms, which amendments will take effect immediately, or after ParkBee makes these amendments available to Customer to the extent required by law. If the Customer does not agree to the revised Terms, the Customer should discontinue the use of the Service.
25.2. Each of the terms and conditions herein operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25.3. The Customer consents to the use of his data for marketing purposes as stated in ParkBee's Privacy Policy.
25.4. The Customer is obliged to notify ParkBee of any changes affecting the Service purchased in good time.
26. Governing Law and Jurisdiction
26.1. These Terms are governed by and shall be construed in accordance with the laws of the Netherlands. If you are a consumer living elsewhere in the EU, this choice of law shall be without prejudice to any applicable provisions of mandatory consumer protection law under the laws of your country of residence, to the extent that these offer you more protection.
26.2. Any dispute arising out of or in connection with these Terms shall be submitted to the competent courts in Amsterdam, the Netherlands, notwithstanding the right of appeal. If you are a consumer in the EU, including the Netherlands, the court of your place of residence will also have jurisdiction.