1.1. “Agreement” means the agreement between ParkBee and Customer regarding the Service;
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 Rijksdienst voor het Wegverkeer;
1.9. “Reservation” means the online reservation via 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 ParkBee with the Vehicle’s VRM and other personal data required for ParkBee to process the reservation;
1.10. “Service” means the ParkBee software and technology for 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. “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, Ringo and/or other providers of third party applications);
1.12. “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;
1.13. “VRM” means vehicle registration mark (in Dutch: kenteken).
2. Tariff and Reservation fee
2.1. The parking tariff payable by Customer (as varied from time to time) is displayed on the tariff board in the Service through Third Party Applications and on ParkBee’s website. 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.
2.2. 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 5 (Parking Contraventions) of these Terms).
2.3. 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 its currently static pricing model into another pricing model such as a dynamic pricing model.
3.1. Note that certain designated Car Parks allow for Reservations to be made 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.
3.2. 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.
3.3. Once completed, a Reservation cannot be terminated, changed or withdrawn, 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, provided that the Customer notifies ParkBee without undue delay via firstname.lastname@example.org.
3.4. 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.
3.5. 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.
4. Claims and complaints
4.1. 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 his/her insurers promptly.
4.2. 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 21 (Liability) of these Terms, which set out the extent of ParkBee’s responsibility and liability in relation to any damages or loss.
5. Parking Contraventions
5.1. It is important for the effective management of the Car Park that:
a. Customer complies with all signs in the Car Park, these 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 10 (Ticket Types and Payment Methods) of these Terms.
5.2. If Customer does not comply with these requirements ParkBee may issue Customer with a Parking Charge Notice requiring Customer to pay his Parking Charge. Parking Charges relating to a breach of these Terms shall amount EUR 60 per breach, and shall be collected via payment methods offered by Third Party Applications. By parking a Vehicle in the Car Park the Customer consents to ParkBee and/or the garage owner, third party service provider and/or any third party surveillance company capturing, using and processing its VRM and personal details via video surveillance cameras and ANPR for the provision and analysis of the Service (including Reservations and occupancy checks), enforcement purposes regarding the Service, to calculate the relevant parking tariff (if applicable) and to recover any outstanding Parking Charge. This includes ParkBee’s right to request and obtain the details of a Vehicle’s registered keeper from RDW.
5.3. If the Car Park and/or the equipment in the Car Park is damaged by the Customer, his Vehicle, 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.
6.1. Unless asked by a member of ParkBee’s staff not to do so in the case of emergency, the Customer must ensure that his Vehicle is left securely locked with all windows securely closed and any Vehicle alarm, steering lock or similar device fitted is engaged. ParkBee is neither responsible nor liable for any consequence or loss arising from a failure by the Customer to properly secure his Vehicle.
6.2. ParkBee may install video surveillance cameras in the Car Park at ParkBee’s discretion to assist in its proper running. ParkBee acknowledges that the cameras 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.
7.1. Any possessions left in a Vehicle are left entirely at the Customer’s risk. ParkBee suggests that no items are left so that they are visible from the outside of the Vehicle. ParkBee is not liable for any theft by third parties from the Customer’s Vehicle.
8. Traffic Orders, rules and legislation
8.1. The use of this Car Park may be regulated by traffic orders, rules or other legislation under which a penalty may be payable for failing to comply with these Terms or the requirements of the relevant order, rules or legislation. In such circumstances, separate notices specifying the relevant order, rule or legislation will be displayed in the Car Park and ParkBee reserves the right to take enforcement action against Customer (including through court proceedings) for breach of such order, rule or legislation.
9. Safety in the Car Park
9.1. For safety reasons the Customer is not entitled to remain in his 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 his 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 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.
10. Ticket Types and Payment Methods
10.1. Customer must, depending on the payment methods available, pay the parking tariff using and via Third Party Applications in which the Service is integrated. ParkBee reserves the right to use other payment methods via the Service.
10.2. The (digital) parking ticket is only valid for the Vehicle in respect of which it is issued.
11. Access and Re-location of Vehicles
11.1. ParkBee reserves the right to refuse the admission of any Vehicle to the Car Park for any reason whatsoever.
11.2. 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.
11.3. ParkBee reserves the right to move 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.
11.4. ParkBee additionally reserves the right to use 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.
11.5. To the extent that it is necessary to do so in the exercise of the rights conferred upon ParkBee in this clause 11, 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.
12. Abandoned Vehicles
12.1. ParkBee is entitled to regard as abandoned any Vehicle left in the Car Park for more than 28 days without prior notification and which is not known by ParkBee to be covered by a current valid season or other ticket or booking.
12.2. 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.
12.3. 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.
12.4. 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.
13. Prohibited Activities
13.1. 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.
13.2. 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.
13.3. 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.
13.4. 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.
13.5. Smoking is forbidden within both the Car Park and the immediate vicinity of the Car Park.
13.6. 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 video surveillance cameras and action may be taken against them.
13.7. Customers should not take photos or carry out any filming within the Car Park without ParkBee’s written consent.
14.1. 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. Clause 14.1is not applicable 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.
15. Data Protection and privacy
16. Ownership and Restrictions
16.1. 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.
16.2. 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.
16.3. Customer will not: (i) sub-license his 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.
16.4. 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.
16.5. If Customer does not comply with this section 15 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 16 shall amount EUR EUR 60 per breach, and shall be collected via payment methods offered by Third Party Applications.
17. Intellectual Property
17.1. 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.
18. Term and termination
18.1. The Terms will continue to apply until terminated by ParkBee or Customer as follows.
18.2. 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 and ParkBee entered into a ParkBee’s Agreement Subscription Service.
18.3. 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.
18.1. 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.
19. Force Majeure
19.1. 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.
20. Third Party Applications
20.1. 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.
21.2. 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.
21.3. In no event shall ParkBee, under any circumstances, be liable to 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, virusses, 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 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.
21.4. The limitation of liability set forth in this section 21 shall not apply to damages arising from wilful intent or gross negligence from the side of ParkBee (“opzet of bewuste roekeloosheid”).
21.5. 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.
22.1. ParkBee reserves the right to unilaterally amend these Terms, which amendments will take effect after ParkBee made these amendments available to Customer. It is the Customer’s responsibility to review these Terms for any changes. If the Customer does not agree to the revised Terms, the Customer should discontinue the use of the Service. The Customer’s continued use of the Service following any amendment of these Terms will signify the assent to and acceptance of the revised Terms.
22.2. Each of these Terms 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.
23. Governing law and jurisdiction
23.1. These Terms are governed by and shall be construed in accordance with the laws of the Netherlands. If you are a consumer living 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.
23.2. Any dispute arising out of or in connection with these Terms shall be submitted exclusively to the competent courts in Amsterdam, the Netherlands, notwithstanding the right of appeal.