Certain capitalized terms used in these Terms have a particular meaning, as explained below:
1.1. “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
1.2. “ANPR” means automatic number plate recognition;
1.3. “Car Park” means the parking facilities in the area and/or building managed by (or on behalf of) us and designated for parking Vehicles;
1.4. “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;
1.5. “Force Majeure Events” 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 (including but not limited to Parkmobile or parties (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);
1.6. “Parking Charge” means any unpaid parking charge(s), together with an additional amount representing an estimate of the additional expenses ParkBee will incur as a result of Customer’s non-compliance;
1.7. “Parking Charge Notice” means a notification requiring the Customer to pay any unpaid Parking Charge(s);
1.8. “RDW” means Dienst Wegverkeer;
1.9. “Reservation” means the online reservation via the Service or a Third Party Application connected to the Service by Customer of any parking spot (not being a designated parking spot) in a Car Park on a particular date and time, by providing the Vehicle’s VRM and other personal data required for ParkBee to process the reservation as indicated;
1.10. “Service” means the ParkBee software and technology for booking, accessing and using Car Parks allowing Customer to park on vacant parking spots via the Parkmobile application, which may be integrated in Third Party Applications;
1.11. “Subscription” means the Agreement which allows Customer to use a specific Car Park, either for a defined period of time or not, for which it pays a monthly subscription fee to ParkBee;
1.12. “Third Party Applications” means any third party application, in which the Service is integrated to provide the Service (including but not limited to Parkmobile, Park-line, RingGo, and/or other providers of third party applications);
1.13. “Vehicle” means any vehicle used to convey passengers or items, that enters the Car Park, including any mechanical device on wheels or tracks, its equipment and accessories;
1.14. “VRM” means vehicle registration mark (number plate).
- Services – General
2.1 Customer may purchase the Service, including a Reservation, 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. For the avoidance of doubt: an Agreement is concluded between Customer and ParkBee once the Service or Reservation is purchased/made. Payment for a Reservation does not include the actual parking tariff.
2.2 The Third Party Application provides ParkBee with the necessary information about the Vehicle in order to provide the Service.
2.3 When Customer uses the Service to make a Reservation for which it pays the parking tariff in advance (ParkBee prepaid Reservation), the Customer purchases the Reservation directly from ParkBee. Payment is handled by ParkBee. If Customer requires to stay longer than the prepaid period, it can book and pay his extended stay through the option ‘overstay’.
2.4 When Customer uses the Service to book a parking spot directly at the location of a Car Park (‘ParkBee Go’), Customer purchases the Service directly from ParkBee. Customer receives a link with which Customer can enter the Car Park. Customer pays through a link before leaving the Car Park.
3.1 A Subscription is purchased directly from ParkBee. Once the Subscription is activated, Customer can enter and leave the relevant Car Park at any time.
3.2 Customer needs to set up a user account in order to use a Subscription. With the user account, Customer can subscribe to a Car Park and set up a monthly billing cycle.
3.3. Customer sets up the payment of the first billing cycle (one month) to activate a Subscription. The date of payment is the date on which a Subscription is activated. This date of payment may change, for example in the event of non-payment. If the monthly fee is not paid within 72 hours from the date of payment, a Subscription will expire automatically.
3.4 Customer can cancel a Subscription anytime through its user account. A Subscription will in any event stay active until the end of the then relevant billing cycle.
3.5 ParkBee can cancel a Subscription at any time due to unforeseen changes relating to the Car Park. The Subscription will automatically end at the end of the billing cycle. Customer has the option to change the Subscription to another location, by contacting ParkBee customer support.
- Tariff and Reservation fee
4.1. The parking tariff payable by Customer (as applicable from time to time) is displayed on the tariff board in the Service through Third Party Applications and the Service. The applicable fee payable by Customer for a Reservation will be displayed in the Reservation process and will have to be agreed to, in order to successfully complete a Reservation. Depending on how a Reservation is made, the Reservation fee will have to be paid either in advance, directly to ParkBee, or afterwards, for example through Third Party Applications.
4.2. Unless agreed otherwise, Customer is obliged to pay the parking tariff and Reservation fee and to comply with any instructions on the tariff board as supplemented by these Terms, and failure to do so may result in us issuing you with a Parking Charge Notice (please refer to clause 7 (Parking Contraventions) of these Terms).
4.3 ParkBee is at all times entitled to change the parking tariffs and Reservation fee in a reasonable manner and to the extent permitted by law, and/or to change pricing model.
4.4 ParkBee may use a dynamic pricing model to determine the appropriate parking rate/tariff. This is determined by algorithms, supply and demand and can differ between Customers.
5.1. Note that certain designated Car Parks allow for Reservations to be made for a particular time period in advance, as indicated in the Reservation process. A Reservation may in some situations be mandatory for using the Services in a particular Car Park.
5.2. Once a Reservation is made, the Customer shall be entitled to enter the relevant Car Park during a limited time period, as indicated during the Reservation process. Please make sure that you are able to enter the premises of the Car Park within the mentioned time period before completing a Reservation.
5.3. Once completed, a Reservation cannot be terminated, changed or withdrawn after 30 minutes from the time booking was created and within 24 hours before the reservation starts, as communicated to the Customer in the Reservation process. No refunds will be given by ParkBee with respect to any Reservation, 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 Reservation (i.e. there is no free parking spot available), the Customer is entitled to a refund of the reservation tariff or a part of it, provided that the Customer notifies ParkBee without undue delay via firstname.lastname@example.org.
5.4. In order to complete a Reservation, we will need the Customer’s Vehicle’s VRM. Once a Reservation is made, the Customer will be able to enter the Car Park, in accordance with these Terms, with the Vehicle of which the VRM was submitted, and/or using Third Party Applications. The Car Park will recognise the VRM using ANPR, allowing the Customer to enter and exit.
5.5. With ParkBee’s prior written approval, certain loyal Customers, as selected by ParkBee, will be able to enter and exit a Car Park on the basis of their VRM without having to make a Reservation first.
- Claims and complaints
6.1. 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 email@example.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 its insurers promptly.
6.2. Any claims against ParkBee or complaints about the Service, should be addressed to the customer services department to be contacted via firstname.lastname@example.org. Before submitting a claim, please be informed of and refer to clause 23 (Liability) of these Terms, which set out the extent of ParkBee’s responsibility and liability in relation to any damages or loss.
- Parking Contraventions
7.1. It is important for the effective management of the Car Park that:
a. Customer complies with all signs and traffic rules in the Car Park, applicable specific location/garage terms and the parking tariff payable by Customer;
b.Customer parks within the limits of a marked bay for ParkBee;
c. Customer does not park within a bay designated for a specific purpose when he is not entitled to do so (for example, and without limitation, parking in a space designated for disabled persons without an appropriate disability badge displayed, and/or parking in a space for electric Vehicles when not using the charging facility); and
d. Customer pays all amounts due for his parking and complies with the requirements set out at clause 12 (Ticket Types and Payment Methods) of these Terms.
7.2. If Customer does not comply with the requirements mentioned in 7.1, ParkBee may issue Customer with a Parking Charge Notice requiring Customer to pay its Parking Charge. Parking Charges relating to a breach of the obligations under 7.1 shall amount EUR 60 per breach, and shall be collected via payment methods offered by Third Party Applications or ParkBee.
7.3. If the Car Park and/or the equipment in the Car Park is damaged by the Customer, its Vehicle or its contents, or the passengers in the Vehicle, then, except where the damage arises as a direct result of ParkBee’s wilful intent or negligence (in Dutch “opzet of bewuste roekeloosheid”), Customer is responsible and liable for any damages and shall indemnify ParkBee from any third party claims in this respect.
- Security of the Vehicle
8.1. Unless asked by a member of ParkBee’s staff not to do so in the case of emergency, the Customer must ensure that its Vehicle is left securely locked with all windows securely closed and any Vehicle alarm, steering lock or similar device fitted must be engaged. ParkBee is neither responsible nor liable for any damage or loss arising from a failure by the Customer to properly secure its Vehicle.
8.2. ParkBee acknowledges that CCTV may act as a deterrent to criminal activity, but does not make any representation as to the coverage provided or guarantee of the security of the Customer’s Vehicle if the video surveillance cameras are installed in the Car Park.
9.1. Any possessions left in a Vehicle are left entirely at the Customer’s risk. ParkBee suggests that the Customer ensures that no items are visible from outside the Vehicle. ParkBee is not liable for any theft by third parties from the Customer’s Vehicle.
- Enforcement of these Terms
10.1. 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 RDW Kentekenregister. 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.
- Safety in the Car Park
11.1. For safety reasons the Customer is not entitled to remain in its 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 its Vehicle, 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 Parks does not offer another exit and requires the Customer to exit through or by circumventing the entrance.
- Ticket Types and Payment Methods
12.1. Customer must, depending on the payment methods available, pay the parking tariff, including any Reservation costs, 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.
12.2. The (digital) parking ticket is only valid for the Vehicle in respect of which it is issued.
- Access and Re-location of Vehicles
13.1. ParkBee reserves the right to refuse the admission of any Vehicle to the Car Park for any legitimate reason whatsoever.
13.2. 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 to persons or property, or to avoid obstruction at the Car Park.
13.3. 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.
13.4. 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.
13.5. 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.
- Abandoned Vehicles
14.1. 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.
14.2. 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 RDW; 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.
14.3. Abandoned Vehicles will be disposed of as waste or sold by auction. Where 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.
14.4. 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.
- Prohibited Activities and abuse
15.1. 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.
15.2. 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.
15.3. 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.
15.4. 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.
15.5. Smoking is forbidden within both the Car Park and the immediate vicinity of the Car Park.
15.6. 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.
15.7. Customers should not take photos or carry out any filming within the Car Park without ParkBee’s written consent.
15.8 The Customer is obliged to pay for the full period during which its Vehicle is parked in the Car Park, including the Reservation as applicable, in accordance with the agreed arrangements and tariffs. The Customer is not allowed to fraudulently or artificially modify, shorten, manipulate or alter the time for which it is to compensate ParkBee. By way of example: the Customer is not allowed to pretend to leave the Car Park while its Vehicle is still parked, or to pretend to enter the Car Park, while its 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.
16.1. 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 from ParkBee its prior written consent.
- Data Protection and privacy
17.1. ParkBee processes personal data (including data relating to a Vehicle’s VRM or owner) in accordance with the ParkBee privacy statement, which may be consulted here: https://parkbee.com/privacy.
- Ownership and Restrictions
18.1. Customer acknowledges that all right, title and interest 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.
18.2. Customer will not: (i) copy, reproduce, alter, modify, or create derivative works from the Service; (ii) license, sublicense, sell, resell, rent, lease, distribute, transfer, time share, 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. Customer will use the Service in compliance with all applicable laws and regulations.
18.3. Customer will not: (i) sub-license its right to access and/or use the Service; (ii) permit any unauthorized 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 tariffs due.
18.4. Customer will not authorize 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.
18.5. If Customer does not comply with this section 18 of the Terms, ParkBee may issue Customer with a Parking Charge Notice requiring Customer to pay this Parking Charge. Parking Charges relating to a breach of this section 18 shall amount EUR 60 per breach, and shall be collected via payment methods offered by Third Party Applications.
- Intellectual Property
19.1. Customer acknowledges that all right, title and interest in and to the Service are owned by or licensed to ParkBee and any modifications and enhancements thereof, including without limitation all intellectual property rights, and such rights are protected by, amongst others, U.S., European and international intellectual property laws.
- Term and termination
20.1. The Terms will continue to apply until terminated by ParkBee or Customer as follows.
20.2. Customer is entitled to end the Agreement at any time for any or no reason by deregistering from the Service, unless agreed otherwise or if Customer has a Subscription.
20.3. 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.
20.4. 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.
- Force Majeure
21.1. 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.
- Third Party Applications
22.1. 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 transaction the Customer may enter into with the provider of any such Third Party Application.
23.1 The Customer acknowledges and agrees that parking is at its own risk. The Agreement does not include permanent surveillance of the Vehicle by ParkBee or the relevant garage or real estate owners.
23.1.1 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.
23.1.2. The limitations of liability as set in this clause 23 may also be invoked vis-à-vis the Customer by the relevant Car Park garage or real estate owner.
23.2 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 Parkmobile 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 spots offered via the Service are available in the Car Park or that the results obtained from the Services meet Customer’s needs.
23.2.1. 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 Parkmobile 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.
23.2.2 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”).
23.3 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.
24.1. ParkBee reserves the right to unilaterally amend these Terms, which amendments will take effect immediately, or after ParkBee made 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.
24.2. 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.
- Governing law and jurisdiction
25.1. 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.
25.2. 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.