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Terms and Conditions
General Terms and Conditions Parking Garages Leeuwarden CV
Parking garages Leeuwarden CV, located at (8911 BL) Leeuwarden, Zaailand 5, registered in the Trade Register of the Chamber of Commerce under number 01089297.
Article 1 Definitions
In these General Terms and Conditions the following definitions apply:
a. parking garage(s) : the parking garage(s) known as Zaailand, Klanderij, Hoeksterend, Oldehove, Oosterstraat, and Revius;
b. the owner: the owner and/or manager/operator of the parking garage(s) and/or their/his representative;
c. motor vehicle: all motorized vehicles intended to be propelled other than along rails, except motorcycles, mopeds and motor vehicles with trailers of any kind, including caravans and provided that they are accessible in terms of height;
d. parker: the owner, holder or user of a motor vehicle that has been brought into or onto the parking garage(s);
e. parking ticket: any device issued by the owner that gives access to the parking garage(s);
f. parking card: the parking card issued by the owner to the subscriber under the parking agreement under subscription;
g. parking fee: amount that the parker owes for the use of the parking garage;
h. parking agreement under subscription: agreement for use other than one-time use, which agreement is entered into in writing.
Article 2 Applicability
Access to the parking garage(s) is only granted subject to the application of these General Terms and Conditions, which form part of every parking agreement concluded between the owner/operator of the parking garage(s) and the parker.
Article 3 Parking
1. A parking agreement is deemed to have been concluded by the mere fact of holding a parking ticket or by the mere fact of using the parking garage(s). The duration of the parking agreement is determined by the times of entry and exit registered by or on behalf of the owner. In the event of discussion/disagreement about whether the parking garage(s) will be used, it is decisive whether the parker has brought a motor vehicle onto the site of the parking garage(s) or wants to remove it from there;
2. If the parker has a valid parking ticket, this will grant him access to the parking garage with one motor vehicle. The performance to which the owner undertakes is to make available a random space to the parker in the parking garage. The obligation of the owner of the car park(s) does not include surveillance of the vehicle, nor does the owner's obligation include any liability.
Article 4 Parking
ticket 1. The period of validity of a parking ticket is determined by the date stated on the parking ticket and the time of commencement and termination of the parking agreement or by a period of validity agreed in advance.
2. The parking ticket is and remains the property of the owner and is not transferable. When the use of the parking garage(s) is terminated, the parking ticket (insofar as possible) will be returned to the owner.
Article 5 Parking fee
The parking fee is calculated according to the rates set by the owner, as stated in the parking garage(s) and/or at the entrance to the parking garage(s). The rates are also available on the owner's website.
Article 6 Payment
1. If the parker wants to leave the car park(s) with the motor vehicle, he or she must first pay the parking fee due at one of the payment terminals designated for this purpose or at another designated place (for example, the manager's office), unless the car parker has a parking card issued for this purpose by the owner for the car park user (in the case of a subscription) or a special parking card, which includes - but is not limited to - exit tickets, parking tickets in the event of an event or hotel stay, weekly parking tickets and discount parking tickets.
2. After payment of the parking fee – and calculated from the moment of payment – the parker has the opportunity to take his motor vehicle outside the parking garage for a period of thirteen minutes. If the said period expires without the parker having moved his motor vehicle outside the parking garage, a new parking period will commence for which a new parking fee will be due. The duration of the new parking term is a minimum of one day and a maximum period of 4 weeks, including the exceeded term.
3. In the event of the loss of, or in the event of the absence of, a valid parking ticket, a motor vehicle may only be taken outside the parking garage(s) after the parker has paid the fee set by the owner for this and also pretends to be the owner of the motor vehicle has legitimized. This compensation amounts to at least the compensation due for 24 hours and is due for each day and/or part thereof that the motor vehicle, in the opinion of the owner, has been present in the parking garage(s). For season ticket holders, the provisions of Article 10, paragraph 3, apply in the event of loss or damage due to careless use.
4. The owner is at all times entitled to keep the vehicle in his possession as long as he has not paid all that he has to claim from the parker, either on the basis of the parking agreement or on other grounds.
Article 7 Parking duration
1. Unless the parker has a valid season ticket intended for this purpose, a motor vehicle may not be parked in the parking garage(s) for more than two consecutive weeks without the prior written permission of the owner. If this regulation is violated, the owner has the right to remove the relevant motor vehicle from the car park(s) or have it moved within the car park(s) at the expense and risk of the parker or owner of the motor vehicle. . All costs involved will be borne by the offender (parker and/or owner of the motor vehicle) and will be recovered from the offender.
2. As security for recovery of the parking fee, the fine, damage, costs and statutory interest referred to in this article, the owner is entitled to exercise the right of retention on the motor vehicle. In that case, the owner will inform the person in whose name the motor vehicle is registered by registered letter of the exercised right of retention. If the address of the owner of the motor vehicle cannot be traced despite reasonable efforts, the owner can suffice by clearly displaying its writing on
the motor vehicle, for example under one of the windscreen wipers of the motor vehicle concerned. If the motor vehicle is not (yet) collected within 30 days after the date of the letter from the owner, the owner is entitled (insofar as necessary after obtaining judicial permission) to sell or destroy the vehicle. In the event of sale, the owner is also entitled to pay its claim in priority from the proceeds.
3. The owner is entitled to refuse a vehicle access to the parking garage(s) if the owner deems this desirable. This case will arise in particular if the owner knows or suspects that a vehicle is carrying explosive or other dangerous substances, not including motor fuel in the tank of the vehicle intended for this purpose, and if the owner is of the opinion that the vehicle, in view of the size and/or weight or the goods that are transported with it, can cause damage to the environment, in the broadest sense.
Article 8 Opening hours
The parking garage(s) is/are open according to the signs at the entrances. The owner is entitled to change the opening hours and will announce such changes in a timely manner, except in cases of force majeure.
Article 9 Other regulations and usage and/or house rules
1. The parking garage(s) is/are not accessible to motor vehicles with trailers of any kind, including caravans, nor to trailers brought into the parking garage(s) separately. caravans.
2. A maximum height and width applies to motor vehicles seeking access to the parking garage(s), as indicated at the entrance/entrance of the parking garage(s). The maximum motor vehicle weight including load may not exceed 2500 kg.
3. A maximum speed of 5 km per hour (walking pace) applies in the parking garage(s).
4. It is mandatory to follow all instructions given by means of signs or lights, and the entrances and exits and lanes must remain open and passable at all times so that the motor vehicle does not cause any nuisance in the parking garage(s).
5. The parker is obliged to keep a distance of at least five meters from his predecessor when entering and leaving the parking garage(s).
6. It is prohibited to park outside the indicated parking spaces, or in a way that the motor vehicle otherwise causes nuisance in the parking garage(s).
7. It is prohibited to operate motor vehicle engines other than for entering and exiting the parking garage(s).
8. Producing noise in any form is prohibited.
9. The parker must lock his motor vehicle when leaving it. The car lights must be switched off and the engine and the (electrical) ignition must be switched off.
10. Without the express permission of the owner, its employees and/or auxiliary persons engaged by it, it is not permitted to carry out or have carried out repairs and/or other work on a motor vehicle in the parking garage(s).
11. After parking the car, parkers must leave and enter the parking garage(s) via the designated exits and entrances, and they must also use the stairs or the lift. It is prohibited to use the available ramps to leave or reach the floors of the parking garage(s).
12. It is prohibited to enter the parking garage(s) and/or to stay there other than for the purpose of parking or driving out motor vehicles, or for storing items in the parked motor vehicle. It is also prohibited to use the parking garage(s) for purposes other than parking motor vehicles, subject to the owner's prior consent.
13. It is prohibited to sell, rent, buy and/or offer goods and services of any nature whatsoever, as well as to advertise in, on or on (the walls of) the parking garage(s), including the distribution of advertising brochures and other printed matter.
14. It is forbidden to make an open fire in the parking garage(s).
15. Apart from the permitted supply of fuel in the regular fuel tank of the motor vehicle, it is not permitted to stock, bring or transport explosive, flammable, toxic or otherwise dangerous and/or harmful substances in the motor vehicle to be parked or parked. It is also prohibited to store, transfer or leave goods of any kind or form, including motor fuels and waste, in the parking garage(s). Small waste must be deposited in the designated waste bins. Goods placed outside, also next to the motor vehicle, will be removed by the owner.
16. Everyone who is in the parking garage(s) must adhere to the instructions, including by signs and to adhere to the indicated driving and walking direction, as well as the instructions provided by the owner, its employees and/or by the instructions, directions and assignments given to the owner by auxiliary persons must be strictly followed. Anyone who is in the parking garage(s) must behave in such a way that the flow of traffic in or near the parking garage(s) can take place undisturbed and safety is not endangered.
The images of this are and remain the property of the owner and (can) be used to detect the cause of damage (of whatever nature) in the parking garage(s) and the associated areas and areas, as well as to detect violators of regulations ( as included in these General Terms and Conditions or of regulations referred to in these General Terms and Conditions) and/or to detect perpetrators of criminal offences. The images can also be used to provide evidence of inflicting/causing damage, the aforementioned offenses and criminal offences. The images may be used within the framework described above - partly in the owner's own interest and the interest of parkers, occupants of parked motor vehicles, the owners thereof and other third parties who are in the parking garage(s) with the owner's permission - are made available to the police and the judicial authorities. The images will not be made available to third parties (other than the police and judicial authorities in the context of the interests as described above), unless a court determines otherwise. The General Data Protection Regulation applies;
18. In the event of misconduct, criminal offenses or violation of the prohibitions and regulations contained in these General Terms and Conditions, the owner can report this to the police. This does not alter the fact that the owner is at all times entitled to act in accordance with Article 12 in the event of a violation of the prohibitions and regulations contained in these General Terms and Conditions.
Article 10 Subscriptions
1. Insofar as this is stated in this article or in the “parking under subscription” is not deviated from, all provisions of these General Terms and Conditions apply when using the parking garage(s) on the basis of such a subscription.
2. The parking agreement pursuant to a subscription is concluded in accordance with the prevailing rates. The subscription is taken out per vehicle.
3. Annual subscription: the term of the subscription is at least one year. The subscription costs must be paid in advance and at once. After the agreed subscription period has expired, the annual subscription will be tacitly renewed for a period of one year. After renewal, the annual subscription can be canceled prematurely in writing with due observance of a notice period of one month, whereby the prepaid subscription costs will be refunded pro rata.
4. Quarterly Subscription: the duration of the subscription is at least three months. The subscription costs must be paid in advance and at once. After the agreed subscription period has expired, the quarterly subscription will be tacitly renewed for the duration of one quarter. After renewal, the quarterly subscription can be canceled prematurely in writing with due observance of a notice period of one month, whereby the subscription costs paid in advance will not be refunded.
5.Monthly subscription: the duration of the subscription is a maximum of one month. After the agreed subscription period has expired, the monthly subscription will not be tacitly renewed. A monthly subscription can be terminated earlier, in which case no refund will be made.
6. In the event of cancellation, the owner will block the parking card issued to the subscriber with effect from the day following the end of the relevant subscription period.
7. A subscription does not entitle you to an available or fixed place in the parking garage(s).
8. The parking card issued to the subscriber is and remains the property of the owner. A fixed amount of costs is charged for the production of the parking card. If the parking card is lost or damaged, a new one can be obtained against payment of the then applicable price.
9. A deposit of € 10 applies to the parking card issued to the subscriber. This can be reclaimed when handing in the parking ticket with accompanying receipt.
10. The parking cards issued to the subscriber only work on the agreed days, depending on the type of subscription. For parking outside the agreed hours, the subscriber pays the regular parking rate of the parking garage(s).
11. The subscription fee must always be paid in advance to the bank account specified by the owner to the subscriber.
12. Although the subscriber can usually enter and exit on the number plate, he must keep the parking card issued to him at hand at all times in case the barrier does not open automatically.
13. If the parking garage(s) is used without payment of the subscription fee, the owner has the right to block the parking ticket issued to the subscriber, the subscription loses its validity and applies to the subscriber for good order and at least superfluous - in particular with regard to payment and, for example, exceeding the (maximum) parking duration - all provisions included in these General Terms and Conditions. If the subscription fee is still paid during the term of the subscription, the aforementioned blocking will be undone. Any costs thereof will be charged to the subscriber.
14. The owner is free to adjust the subscription rates. In the event of a rate increase, the owner will announce the increase and the effective date of the rate increase to the subscriber of the annual subscription at least one month in advance. The announcement is made by e-mail. Only if the increase in the subscription rate exceeds the annual inflation rate (as calculated by Statistics Netherlands) is the subscriber entitled to terminate the agreement in writing within 2 weeks after the announced date of commencement of the rate increase, and this against the date on which the announced rate increase.
15. If the subscriber has not been able to use his subscription for a consecutive week or longer due to circumstances on the part of the owner, the owner will refund a proportionate part of the paid subscription fee.
16. If the subscriber fails to fulfill any obligation under the subscription or these General Terms and Conditions and/or if he violates any provision
of these General Terms and Conditions, the owner is entitled to cancel the subscription with immediate effect and the to block the subscriber issued parking card.
17. Should it appear to the owner that the parking agreement under subscription is being used by someone other than the subscriber or his vehicle without the owner having given permission for this, the subscriber will, without further notice of default and without prejudice to the owner's other rights to additionally and in addition to claim compensation, be liable to pay a fine of €110 for each hour that an unauthorized person uses the parking agreement under subscription.
18. The subscriber is responsible for correctly providing his or her details that are required when applying for the subscription. Any changes must be communicated to the owner in writing as soon as possible. The changes can also be made known by e-mail by sending them to the following e-mail address:
Article 11 Liability and indemnification
1. The owner is not liable for shortcomings as a result of the use of the parking garage(s) or as a result of other services, including electric charging, offered by or on behalf of the owner in the parking garage(s), unless it can be demonstrated that there is intent or gross negligence on the part of the owner. The owner does not accept any liability for theft, loss or destruction of, nor for theft from, nor for any (other) damage whatsoever to a motor vehicle and/or to the objects contained therein or on it. Nor is liability accepted for the consequences of an accident, nor for personal injury or other damage of any nature whatsoever, including consequential and/or trading loss from and/or to a parker, his or her co-occupants, the owner of the motor vehicle and/or persons present in the parking garage(s), the associated areas and areas, including the lift and the stairwell, belonging to the parking garage(s), damage suffered by the conduct of employees of the owner and/or auxiliary persons engaged by it, except if and insofar as the owner is liable under the legal regulations applicable to traffic and transport, or the damage is caused by intent or gross negligence on the part of the owner, its employees and/or or auxiliary persons. The liability is in any case limited to an amount of 10 times the parking fee due,
2. The parker and all other persons who are in the stairwell or in the lift of the parking garage(s) or in the parking garage(s) and associated areas and areas themselves, will reimburse the owner for all costs and damage(s). which the owner must incur and/or suffer as a result of the use of the parking garage(s) and their other acts or omissions in the parking garage(s) and the spaces and grounds belonging thereto. They also indemnify the owner against claims from third parties insofar as these are related to their above-mentioned use of the parking garage(s) or are related to their aforementioned acts or omissions. Any damage must be compensated on the spot, unless, in the opinion of the owner, the person who caused the damage provides/offers sufficient security for recovery.
Article 12 Violation of prohibitions and regulations
1. The owner is at all times entitled, in the event of a violation of the prohibitions and regulations contained in these General Terms and Conditions, in particular, but not exclusively, as referred to in Article 9:
a. to refuse access to the parking garage(s) to the parking user, whether or not with a motor vehicle;
b. remove the offending parker, whether or not with a motor vehicle, at the expense and risk of the parker and/or owner of the motor vehicle from the parking garage(s) or have it moved within the parking garage(s) ;
c. to block the parking ticket, the parking ticket and/or the exit ticket of the offending parker; and/or
d. to block the registration number of the motor vehicle of the offending parker so that the motor vehicle is automatically refused access to the parking garage(s).
2. The aforementioned measures (to be taken by or on behalf of the owner) are without prejudice to the obligation of the parker to pay the parking fee and/or the subscription costs due, and are also without prejudice to the right of the owner to claim compensation for all costs or damage(s) caused by the violation, as referred to in Article 11, paragraph 2, but expressly not limited thereto. The parker/offender and/or the owner of the motor vehicle is liable for damage caused by a refusal of the instructions, directions and assignments given by or on behalf of the owner.
3. Whether there is a violation of the prohibitions and regulations contained in these General Terms and Conditions is determined exclusively by the owner, its employees and/or auxiliary persons engaged by it.
Article 13 Applicable law/disputes
1. Dutch law applies to all parking agreements concluded with the owner.
2. All disputes arising from the agreement concluded between the owner and the user, including the present General Terms and Conditions, will be submitted exclusively to the competent court of the district of Leeuwarden, except insofar as mandatory rules of competence would prevent this choice.
Article 14 Non-attributable shortcoming
A shortcoming cannot be attributed to the owner if it is due to a circumstance independent of the will of the owner, as a result of which the parking user can no longer reasonably expect the owner to comply with the obligation of the agreement. This includes in any case (but not exclusively) strikes, fire, government measures, business interruptions as well as shortcomings in compliance by third parties involved.
Article 15 Privacy and data protection
In order to provide its services, the owner collects personal data from the parker. This data is processed in accordance with the General Data Protection Regulation (GDPR). The personal data obtained will not be used for purposes other than the purposes for which the data were obtained and the data will not be kept longer than strictly necessary. For more information about the processing of personal data, please refer to the privacy statement as published on the website of the owner, which can be consulted via this link .
Article 16 Final provisions
1. Agreements and/or agreements that parkers and/or other users of the parking garage(s) make and/or conclude with employees of the owner and/or with auxiliary persons engaged by it do not bind the owner, unless the agreements and/or agreements referred to or agreements are confirmed in writing by or on behalf of the owner and then only if that confirmation is signed by a person who is authorized to represent the owner pursuant to the articles of association of the owner and/or according to the commercial register.
2. If one of the provisions of this agreement proves to be void or voidable, the other provisions will remain in full force and the owner will be entitled to convert the void, voidable or voidable provision into a legally acceptable provision.
3. The provisions of the Road Traffic Act and the Traffic Rules and Traffic Signs Regulations, both in the most recent version, apply on the grounds of the parking garage(s).
4. In all cases not covered by these General Terms and Conditions, the management of the owner decides.
5. The owner is entitled to change these General Terms and Conditions at any time.
6. These General Terms and Conditions and provisions for the use of the parking garage(s) come into effect on 1 January 2020 and they are available for inspection at the office of the parking garage(s). A copy of the General Terms and Conditions can be obtained free of charge at these location(s).
Parking garages Leeuwarden CV, located at (8911 BL) Leeuwarden, Zaailand 5, registered in the Trade Register of the Chamber of Commerce under number 01089297.
Article 1 Definitions
In these General Terms and Conditions the following definitions apply:
a. parking garage(s) : the parking garage(s) known as Zaailand, Klanderij, Hoeksterend, Oldehove, Oosterstraat, and Revius;
b. the owner: the owner and/or manager/operator of the parking garage(s) and/or their/his representative;
c. motor vehicle: all motorized vehicles intended to be propelled other than along rails, except motorcycles, mopeds and motor vehicles with trailers of any kind, including caravans and provided that they are accessible in terms of height;
d. parker: the owner, holder or user of a motor vehicle that has been brought into or onto the parking garage(s);
e. parking ticket: any device issued by the owner that gives access to the parking garage(s);
f. parking card: the parking card issued by the owner to the subscriber under the parking agreement under subscription;
g. parking fee: amount that the parker owes for the use of the parking garage;
h. parking agreement under subscription: agreement for use other than one-time use, which agreement is entered into in writing.
Article 2 Applicability
Access to the parking garage(s) is only granted subject to the application of these General Terms and Conditions, which form part of every parking agreement concluded between the owner/operator of the parking garage(s) and the parker.
Article 3 Parking
1. A parking agreement is deemed to have been concluded by the mere fact of holding a parking ticket or by the mere fact of using the parking garage(s). The duration of the parking agreement is determined by the times of entry and exit registered by or on behalf of the owner. In the event of discussion/disagreement about whether the parking garage(s) will be used, it is decisive whether the parker has brought a motor vehicle onto the site of the parking garage(s) or wants to remove it from there;
2. If the parker has a valid parking ticket, this will grant him access to the parking garage with one motor vehicle. The performance to which the owner undertakes is to make available a random space to the parker in the parking garage. The obligation of the owner of the car park(s) does not include surveillance of the vehicle, nor does the owner's obligation include any liability.
Article 4 Parking
ticket 1. The period of validity of a parking ticket is determined by the date stated on the parking ticket and the time of commencement and termination of the parking agreement or by a period of validity agreed in advance.
2. The parking ticket is and remains the property of the owner and is not transferable. When the use of the parking garage(s) is terminated, the parking ticket (insofar as possible) will be returned to the owner.
Article 5 Parking fee
The parking fee is calculated according to the rates set by the owner, as stated in the parking garage(s) and/or at the entrance to the parking garage(s). The rates are also available on the owner's website.
Article 6 Payment
1. If the parker wants to leave the car park(s) with the motor vehicle, he or she must first pay the parking fee due at one of the payment terminals designated for this purpose or at another designated place (for example, the manager's office), unless the car parker has a parking card issued for this purpose by the owner for the car park user (in the case of a subscription) or a special parking card, which includes - but is not limited to - exit tickets, parking tickets in the event of an event or hotel stay, weekly parking tickets and discount parking tickets.
2. After payment of the parking fee – and calculated from the moment of payment – the parker has the opportunity to take his motor vehicle outside the parking garage for a period of thirteen minutes. If the said period expires without the parker having moved his motor vehicle outside the parking garage, a new parking period will commence for which a new parking fee will be due. The duration of the new parking term is a minimum of one day and a maximum period of 4 weeks, including the exceeded term.
3. In the event of the loss of, or in the event of the absence of, a valid parking ticket, a motor vehicle may only be taken outside the parking garage(s) after the parker has paid the fee set by the owner for this and also pretends to be the owner of the motor vehicle has legitimized. This compensation amounts to at least the compensation due for 24 hours and is due for each day and/or part thereof that the motor vehicle, in the opinion of the owner, has been present in the parking garage(s). For season ticket holders, the provisions of Article 10, paragraph 3, apply in the event of loss or damage due to careless use.
4. The owner is at all times entitled to keep the vehicle in his possession as long as he has not paid all that he has to claim from the parker, either on the basis of the parking agreement or on other grounds.
Article 7 Parking duration
1. Unless the parker has a valid season ticket intended for this purpose, a motor vehicle may not be parked in the parking garage(s) for more than two consecutive weeks without the prior written permission of the owner. If this regulation is violated, the owner has the right to remove the relevant motor vehicle from the car park(s) or have it moved within the car park(s) at the expense and risk of the parker or owner of the motor vehicle. . All costs involved will be borne by the offender (parker and/or owner of the motor vehicle) and will be recovered from the offender.
2. As security for recovery of the parking fee, the fine, damage, costs and statutory interest referred to in this article, the owner is entitled to exercise the right of retention on the motor vehicle. In that case, the owner will inform the person in whose name the motor vehicle is registered by registered letter of the exercised right of retention. If the address of the owner of the motor vehicle cannot be traced despite reasonable efforts, the owner can suffice by clearly displaying its writing on
the motor vehicle, for example under one of the windscreen wipers of the motor vehicle concerned. If the motor vehicle is not (yet) collected within 30 days after the date of the letter from the owner, the owner is entitled (insofar as necessary after obtaining judicial permission) to sell or destroy the vehicle. In the event of sale, the owner is also entitled to pay its claim in priority from the proceeds.
3. The owner is entitled to refuse a vehicle access to the parking garage(s) if the owner deems this desirable. This case will arise in particular if the owner knows or suspects that a vehicle is carrying explosive or other dangerous substances, not including motor fuel in the tank of the vehicle intended for this purpose, and if the owner is of the opinion that the vehicle, in view of the size and/or weight or the goods that are transported with it, can cause damage to the environment, in the broadest sense.
Article 8 Opening hours
The parking garage(s) is/are open according to the signs at the entrances. The owner is entitled to change the opening hours and will announce such changes in a timely manner, except in cases of force majeure.
Article 9 Other regulations and usage and/or house rules
1. The parking garage(s) is/are not accessible to motor vehicles with trailers of any kind, including caravans, nor to trailers brought into the parking garage(s) separately. caravans.
2. A maximum height and width applies to motor vehicles seeking access to the parking garage(s), as indicated at the entrance/entrance of the parking garage(s). The maximum motor vehicle weight including load may not exceed 2500 kg.
3. A maximum speed of 5 km per hour (walking pace) applies in the parking garage(s).
4. It is mandatory to follow all instructions given by means of signs or lights, and the entrances and exits and lanes must remain open and passable at all times so that the motor vehicle does not cause any nuisance in the parking garage(s).
5. The parker is obliged to keep a distance of at least five meters from his predecessor when entering and leaving the parking garage(s).
6. It is prohibited to park outside the indicated parking spaces, or in a way that the motor vehicle otherwise causes nuisance in the parking garage(s).
7. It is prohibited to operate motor vehicle engines other than for entering and exiting the parking garage(s).
8. Producing noise in any form is prohibited.
9. The parker must lock his motor vehicle when leaving it. The car lights must be switched off and the engine and the (electrical) ignition must be switched off.
10. Without the express permission of the owner, its employees and/or auxiliary persons engaged by it, it is not permitted to carry out or have carried out repairs and/or other work on a motor vehicle in the parking garage(s).
11. After parking the car, parkers must leave and enter the parking garage(s) via the designated exits and entrances, and they must also use the stairs or the lift. It is prohibited to use the available ramps to leave or reach the floors of the parking garage(s).
12. It is prohibited to enter the parking garage(s) and/or to stay there other than for the purpose of parking or driving out motor vehicles, or for storing items in the parked motor vehicle. It is also prohibited to use the parking garage(s) for purposes other than parking motor vehicles, subject to the owner's prior consent.
13. It is prohibited to sell, rent, buy and/or offer goods and services of any nature whatsoever, as well as to advertise in, on or on (the walls of) the parking garage(s), including the distribution of advertising brochures and other printed matter.
14. It is forbidden to make an open fire in the parking garage(s).
15. Apart from the permitted supply of fuel in the regular fuel tank of the motor vehicle, it is not permitted to stock, bring or transport explosive, flammable, toxic or otherwise dangerous and/or harmful substances in the motor vehicle to be parked or parked. It is also prohibited to store, transfer or leave goods of any kind or form, including motor fuels and waste, in the parking garage(s). Small waste must be deposited in the designated waste bins. Goods placed outside, also next to the motor vehicle, will be removed by the owner.
16. Everyone who is in the parking garage(s) must adhere to the instructions, including by signs and to adhere to the indicated driving and walking direction, as well as the instructions provided by the owner, its employees and/or by the instructions, directions and assignments given to the owner by auxiliary persons must be strictly followed. Anyone who is in the parking garage(s) must behave in such a way that the flow of traffic in or near the parking garage(s) can take place undisturbed and safety is not endangered.
The images of this are and remain the property of the owner and (can) be used to detect the cause of damage (of whatever nature) in the parking garage(s) and the associated areas and areas, as well as to detect violators of regulations ( as included in these General Terms and Conditions or of regulations referred to in these General Terms and Conditions) and/or to detect perpetrators of criminal offences. The images can also be used to provide evidence of inflicting/causing damage, the aforementioned offenses and criminal offences. The images may be used within the framework described above - partly in the owner's own interest and the interest of parkers, occupants of parked motor vehicles, the owners thereof and other third parties who are in the parking garage(s) with the owner's permission - are made available to the police and the judicial authorities. The images will not be made available to third parties (other than the police and judicial authorities in the context of the interests as described above), unless a court determines otherwise. The General Data Protection Regulation applies;
18. In the event of misconduct, criminal offenses or violation of the prohibitions and regulations contained in these General Terms and Conditions, the owner can report this to the police. This does not alter the fact that the owner is at all times entitled to act in accordance with Article 12 in the event of a violation of the prohibitions and regulations contained in these General Terms and Conditions.
Article 10 Subscriptions
1. Insofar as this is stated in this article or in the “parking under subscription” is not deviated from, all provisions of these General Terms and Conditions apply when using the parking garage(s) on the basis of such a subscription.
2. The parking agreement pursuant to a subscription is concluded in accordance with the prevailing rates. The subscription is taken out per vehicle.
3. Annual subscription: the term of the subscription is at least one year. The subscription costs must be paid in advance and at once. After the agreed subscription period has expired, the annual subscription will be tacitly renewed for a period of one year. After renewal, the annual subscription can be canceled prematurely in writing with due observance of a notice period of one month, whereby the prepaid subscription costs will be refunded pro rata.
4. Quarterly Subscription: the duration of the subscription is at least three months. The subscription costs must be paid in advance and at once. After the agreed subscription period has expired, the quarterly subscription will be tacitly renewed for the duration of one quarter. After renewal, the quarterly subscription can be canceled prematurely in writing with due observance of a notice period of one month, whereby the subscription costs paid in advance will not be refunded.
5.Monthly subscription: the duration of the subscription is a maximum of one month. After the agreed subscription period has expired, the monthly subscription will not be tacitly renewed. A monthly subscription can be terminated earlier, in which case no refund will be made.
6. In the event of cancellation, the owner will block the parking card issued to the subscriber with effect from the day following the end of the relevant subscription period.
7. A subscription does not entitle you to an available or fixed place in the parking garage(s).
8. The parking card issued to the subscriber is and remains the property of the owner. A fixed amount of costs is charged for the production of the parking card. If the parking card is lost or damaged, a new one can be obtained against payment of the then applicable price.
9. A deposit of € 10 applies to the parking card issued to the subscriber. This can be reclaimed when handing in the parking ticket with accompanying receipt.
10. The parking cards issued to the subscriber only work on the agreed days, depending on the type of subscription. For parking outside the agreed hours, the subscriber pays the regular parking rate of the parking garage(s).
11. The subscription fee must always be paid in advance to the bank account specified by the owner to the subscriber.
12. Although the subscriber can usually enter and exit on the number plate, he must keep the parking card issued to him at hand at all times in case the barrier does not open automatically.
13. If the parking garage(s) is used without payment of the subscription fee, the owner has the right to block the parking ticket issued to the subscriber, the subscription loses its validity and applies to the subscriber for good order and at least superfluous - in particular with regard to payment and, for example, exceeding the (maximum) parking duration - all provisions included in these General Terms and Conditions. If the subscription fee is still paid during the term of the subscription, the aforementioned blocking will be undone. Any costs thereof will be charged to the subscriber.
14. The owner is free to adjust the subscription rates. In the event of a rate increase, the owner will announce the increase and the effective date of the rate increase to the subscriber of the annual subscription at least one month in advance. The announcement is made by e-mail. Only if the increase in the subscription rate exceeds the annual inflation rate (as calculated by Statistics Netherlands) is the subscriber entitled to terminate the agreement in writing within 2 weeks after the announced date of commencement of the rate increase, and this against the date on which the announced rate increase.
15. If the subscriber has not been able to use his subscription for a consecutive week or longer due to circumstances on the part of the owner, the owner will refund a proportionate part of the paid subscription fee.
16. If the subscriber fails to fulfill any obligation under the subscription or these General Terms and Conditions and/or if he violates any provision
of these General Terms and Conditions, the owner is entitled to cancel the subscription with immediate effect and the to block the subscriber issued parking card.
17. Should it appear to the owner that the parking agreement under subscription is being used by someone other than the subscriber or his vehicle without the owner having given permission for this, the subscriber will, without further notice of default and without prejudice to the owner's other rights to additionally and in addition to claim compensation, be liable to pay a fine of €110 for each hour that an unauthorized person uses the parking agreement under subscription.
18. The subscriber is responsible for correctly providing his or her details that are required when applying for the subscription. Any changes must be communicated to the owner in writing as soon as possible. The changes can also be made known by e-mail by sending them to the following e-mail address:
Article 11 Liability and indemnification
1. The owner is not liable for shortcomings as a result of the use of the parking garage(s) or as a result of other services, including electric charging, offered by or on behalf of the owner in the parking garage(s), unless it can be demonstrated that there is intent or gross negligence on the part of the owner. The owner does not accept any liability for theft, loss or destruction of, nor for theft from, nor for any (other) damage whatsoever to a motor vehicle and/or to the objects contained therein or on it. Nor is liability accepted for the consequences of an accident, nor for personal injury or other damage of any nature whatsoever, including consequential and/or trading loss from and/or to a parker, his or her co-occupants, the owner of the motor vehicle and/or persons present in the parking garage(s), the associated areas and areas, including the lift and the stairwell, belonging to the parking garage(s), damage suffered by the conduct of employees of the owner and/or auxiliary persons engaged by it, except if and insofar as the owner is liable under the legal regulations applicable to traffic and transport, or the damage is caused by intent or gross negligence on the part of the owner, its employees and/or or auxiliary persons. The liability is in any case limited to an amount of 10 times the parking fee due,
2. The parker and all other persons who are in the stairwell or in the lift of the parking garage(s) or in the parking garage(s) and associated areas and areas themselves, will reimburse the owner for all costs and damage(s). which the owner must incur and/or suffer as a result of the use of the parking garage(s) and their other acts or omissions in the parking garage(s) and the spaces and grounds belonging thereto. They also indemnify the owner against claims from third parties insofar as these are related to their above-mentioned use of the parking garage(s) or are related to their aforementioned acts or omissions. Any damage must be compensated on the spot, unless, in the opinion of the owner, the person who caused the damage provides/offers sufficient security for recovery.
Article 12 Violation of prohibitions and regulations
1. The owner is at all times entitled, in the event of a violation of the prohibitions and regulations contained in these General Terms and Conditions, in particular, but not exclusively, as referred to in Article 9:
a. to refuse access to the parking garage(s) to the parking user, whether or not with a motor vehicle;
b. remove the offending parker, whether or not with a motor vehicle, at the expense and risk of the parker and/or owner of the motor vehicle from the parking garage(s) or have it moved within the parking garage(s) ;
c. to block the parking ticket, the parking ticket and/or the exit ticket of the offending parker; and/or
d. to block the registration number of the motor vehicle of the offending parker so that the motor vehicle is automatically refused access to the parking garage(s).
2. The aforementioned measures (to be taken by or on behalf of the owner) are without prejudice to the obligation of the parker to pay the parking fee and/or the subscription costs due, and are also without prejudice to the right of the owner to claim compensation for all costs or damage(s) caused by the violation, as referred to in Article 11, paragraph 2, but expressly not limited thereto. The parker/offender and/or the owner of the motor vehicle is liable for damage caused by a refusal of the instructions, directions and assignments given by or on behalf of the owner.
3. Whether there is a violation of the prohibitions and regulations contained in these General Terms and Conditions is determined exclusively by the owner, its employees and/or auxiliary persons engaged by it.
Article 13 Applicable law/disputes
1. Dutch law applies to all parking agreements concluded with the owner.
2. All disputes arising from the agreement concluded between the owner and the user, including the present General Terms and Conditions, will be submitted exclusively to the competent court of the district of Leeuwarden, except insofar as mandatory rules of competence would prevent this choice.
Article 14 Non-attributable shortcoming
A shortcoming cannot be attributed to the owner if it is due to a circumstance independent of the will of the owner, as a result of which the parking user can no longer reasonably expect the owner to comply with the obligation of the agreement. This includes in any case (but not exclusively) strikes, fire, government measures, business interruptions as well as shortcomings in compliance by third parties involved.
Article 15 Privacy and data protection
In order to provide its services, the owner collects personal data from the parker. This data is processed in accordance with the General Data Protection Regulation (GDPR). The personal data obtained will not be used for purposes other than the purposes for which the data were obtained and the data will not be kept longer than strictly necessary. For more information about the processing of personal data, please refer to the privacy statement as published on the website of the owner, which can be consulted via this link .
Article 16 Final provisions
1. Agreements and/or agreements that parkers and/or other users of the parking garage(s) make and/or conclude with employees of the owner and/or with auxiliary persons engaged by it do not bind the owner, unless the agreements and/or agreements referred to or agreements are confirmed in writing by or on behalf of the owner and then only if that confirmation is signed by a person who is authorized to represent the owner pursuant to the articles of association of the owner and/or according to the commercial register.
2. If one of the provisions of this agreement proves to be void or voidable, the other provisions will remain in full force and the owner will be entitled to convert the void, voidable or voidable provision into a legally acceptable provision.
3. The provisions of the Road Traffic Act and the Traffic Rules and Traffic Signs Regulations, both in the most recent version, apply on the grounds of the parking garage(s).
4. In all cases not covered by these General Terms and Conditions, the management of the owner decides.
5. The owner is entitled to change these General Terms and Conditions at any time.
6. These General Terms and Conditions and provisions for the use of the parking garage(s) come into effect on 1 January 2020 and they are available for inspection at the office of the parking garage(s). A copy of the General Terms and Conditions can be obtained free of charge at these location(s).
