General Terms and Conditions Parkos

Terms and conditions (the "Terms and Conditions") of Parkos B.V., a private limited liability company, with its statutory seat in Groningen and office at Boumaboulevard 77, 9723 ZS Groningen, registered with the Chamber of Commerce under number 02095013 ("Parkos"), updated on 1 October 2024.

General

These Terms and Conditions apply to every user (the "User") of the platform Parkos.nl ("Platform"), to the mediation services regarding reservations (the "Mediation Services") offered by Parkos via the Platform, and other services related to Mediation Services offered by Parkos (the "Related Services"; the Mediation Services and Related Services collectively the "Services"), as well as to all matters relating to the legal relationship between Parkos and User.
By making a Reservation (as defined below) via the Platform, the User agrees to these Terms and Conditions.
The applicability of any terms and conditions of the User/third parties is expressly rejected by Parkos and is not applicable in the legal relationship between Parkos and the User.
Parkos may unilaterally amend and/or supplement these Terms and Conditions at any time. Changes will be announced on the Platform. Material changes to these Terms and Conditions will be communicated to the User.

Service Provision

Through the Platform, Users can find, compare, and reserve a parking space (the "Parking Space"). When the User reserves a Parking Space (the "Reservation"), an agreement (the "Agreement") is formed between the User and the parking provider (the "Parking Provider"). Parkos is explicitly not a party to this Agreement and only provides the Platform. Information about Parking Providers and the Parking Space (such as prices, facilities, (cancellation) conditions, and availability) is provided by the Parking Provider. The date to which the Reservation relates is hereinafter referred to as the "Reservation Date." When entering into the Agreement, the User may agree to the general terms and conditions of the Parking Provider.
Parkos is a platform and only mediates in the conclusion of the Agreement between the User and the Parking Provider. Parkos has no influence on the Agreement, prices, and any general terms and conditions of the Parking Providers and is not responsible for them. Parkos is also not responsible for the execution of the Agreement.
After entering into the Agreement regarding Parkos' Services, the User cannot invoke the right of withdrawal pursuant to Article 6:230p(d) of the Dutch Civil Code.
In addition to the Services and the Agreement with the Parking Provider, the User can also avail themselves of other services from Parkos partners (such as insurance services). The User enters into a separate agreement with these partner(s), and Parkos is explicitly not a party to this agreement and is not involved in its execution. These partner(s) may have their own terms and conditions. These Terms and Conditions do not apply to these other (insurance) services.
If the User chooses to use reminders, Parkos will automatically send the User a notification to remind them of an upcoming Reservation. Parkos emphasizes that the Reservation remains the responsibility of the User. Receipt of the reminder depends on the availability of the User's network and may be interrupted/delayed.

Process

After making the Reservation, the User receives an email from Parkos at the email address provided by the User ("Reservation Confirmation") containing:
a confirmation enabling the User to use the Parking Space;
Reservation Information is understood to mean in any case: the telephone number, address, and driving directions of the Parking Provider; the rates of the Parking Space and the method of payment; and the cancellation policy.
all (other) information about the Parking Provider and the Parking Space necessary for using the Reservation ("Reservation Information"); and
in the case of valet parking, the meet-and-greet location at the respective airport.
Reservation Information includes, at least:
the telephone number, address, and directions to the Parking Provider;
the rates of the Parking Space and the payment method; and
the cancellation policy.

Obligations of Parkos

Parkos is a platform and mediates in the formation of the Agreement between the User and the Parking Provider. Parkos will make every effort to provide as much information as possible to the User about the Parking Provider and the Parking Space so that the User can independently assess the Parking Provider and the Parking Space. The User can find the cancellation policy and any other terms of the Parking Provider on the Platform.
Parkos receives information from Parking Providers for use on the Platform. Parkos will exercise all reasonable care and expertise in conducting research and selecting the Parking Providers and the associated information offered through the Platform. Unless Parkos has been negligent, Parkos does not accept any liability for information originating from Parking Providers or third parties. Parkos will, of course, make every effort to correct any incorrect information as soon as Parkos becomes aware of it.
Parkos will exercise all reasonable care and expertise in offering any Related Services (such as sending reminders).

User Obligations

If a User wishes to make a Reservation, the User must create an account. The User is responsible for providing accurate and complete information for the account and keeping it up to date, as well as the information needed to make the Reservation. It is important that the User keeps the username and password confidential. The User must be at least 18 years old.
The User must review the Reservation information sent. If the User has not received the confirmation or Reservation information, the User should contact Parkos customer service as soon as possible.
The User must bring the Reservation confirmation to the Parking Provider. The Parking Provider may impose conditions on this (for example, that the confirmation must be presented digitally and/or on paper by the User).
If the User expects not to arrive on time, the User should contact the Parking Provider directly. The User is responsible for arriving at the parking location on time.

Rates

When a User makes a Reservation, the User agrees to the then-current rate. The rates, as displayed on the Platform, are subject to change, including availability, time of booking, duration, time, and type of vehicle.
Unless expressly stated otherwise, the following applies to the rates mentioned on the Platform:
the rates include all necessary taxes (including VAT or local variants);
the rates are subject to indirect taxes charged in the country where the Parking Provider is located; and
in certain countries, including (but not limited to) the United States, federal taxes and state taxes may be included in the rates.
Parkos has the right to charge reservation/booking fees or administrative fees to the User for the provision of its Reservation services. Additionally, Parkos also has the right to charge mediation fees to the Parking Provider for the purpose of concluding the Agreement.
Depending on the selection of Related Services by the User, Parkos will invoice the fees (in accordance with the costs on the Platform) to the User using the payment method chosen by the User. Parkos is entitled to adjust the amount of these fees.
The rates are in the currency as shown on the Platform. If a User pays in a currency other than the currency as shown on the Platform, the User's bank may charge additional fees.

Payment and Cancellation

Payment of the agreed price for the Parking Spot ("Parking Fee") shall be made i) upon making the Reservation, whereby Parkos will charge the Parking Fee to the User and receive it from the User on behalf of the Parking Provider, or ii) upon the User's arrival at the Parking Provider.
The User acknowledges that payments may be processed by an external payment processor.
The User has the right to cancel the Agreement free of charge up to 24 hours before the Reservation Date, unless expressly stated otherwise. Unless expressly agreed otherwise, if the User cancels within 24 hours before the Reservation Date, Parkos is entitled (on behalf of the Parking Provider) to charge the User the full Parking Fee.
Any mandatory transaction fees imposed by financial processors are not eligible for refunds.
Cancellation is done via the Platform, under the section "Login." Cancellation requests via other channels (e.g., via a contact form, by phone, or by email) are permitted but will only be processed by Parkos on working days (excluding holidays) and during Parkos's customer service opening hours. If cancellation is not done via the Platform, the moment of cancellation is considered to be the moment when the Parkos representative processes the cancellation request.
If, for any reason, the User does not (timely) take the Parking Spot, the User shall still pay the full Parking Fee to Parkos (on behalf of the Parking Provider) or to the Parking Provider. This also applies if not all days of the Reservation are utilized.
If a vehicle is refused by a Parking Provider while this information about the vehicle was or could have been known to the User, Parkos is entitled (on behalf of the Parking Provider) to charge the full Parking Fee to the User.
If the User does not bring the Reservation Confirmation to the Parking Provider, Parkos (on behalf of the Parking Provider) is entitled to charge the full Parking Fee to the User.

Platform content

Parkos is committed to providing an open and transparent online environment on the Platform. Parkos helps Users understand how Parkos uses reviews, rankings, and recommendations and how Parkos earns money from them. Additionally, information is shared on the Parkos Platform. Parkos helps Users understand how Parkos manages information and takes action against inappropriate content.
Reviews, Rankings, and Recommendations
Parkos utilizes both algorithmic decision-making and human control. Algorithmic decision-making involves the software on the Platform automatically assessing, filtering, ranking, or removing certain content. Human control means that Parkos employees may review content on the Platform and will strive to ensure that the content on the Platform complies with applicable laws and regulations. Parkos aims to use a balanced combination of both algorithmic decision-making and human control to ensure the quality and reliability of the offerings of Parking Providers on the Platform.
Parking Providers are sorted on the Platform based on various criteria and using different sorting and filtering options. The default display of Parking Providers on the Platform is in ascending order of price. Parkos reserves the right to change this default sorting (and the available filtering options). Such adjustments may be made when Parkos deems it necessary, for example, to enhance value for the User or to improve the functionality of the Platform. Users have the freedom to change the default sorting and use the available filtering options at their discretion. This enables Users to customize the display of Parking Providers according to their personal preferences and needs.
Information Guidelines and Actions
If a User or third party posts an image, text, or review that violates this article, Parkos will remove this information from the Platform. Parkos will contact the User if the User's information is removed from the Platform. If the User disagrees with the removal of this information from the Platform, the User can contact Parkos customer service.
Abuse
Abuse in the context of the Platform includes, but is not limited to, the following actions:
Sharing, distributing, or uploading (incorrect or illegal) content, including but not limited to material or content that incites hatred, violence, discrimination, illegal activity, or content that infringes on a right, such as copyrights or privacy rights;
Using the Platform to engage in illegal activities, such as fraud, phishing, spreading viruses, or other harmful software;
Manipulating the Platform to gain unauthorized access to data or systems (hacking) or to disrupt or overload the Platform in any way.
Assessment of Abuse
When assessing whether certain behavior constitutes abuse, Parkos considers the following facts and circumstances:
The nature and severity of the behavior, abuse, violation, or activity;
The impact of the abuse on other Users, the Platform, and third parties; and
Previous violations or instances of abuse on the Platform.
Measures against Abuse
Depending on the severity of the abuse, Parkos may take the following measures:
Issuing a warning and requesting the User to immediately and completely cease the abuse;
Temporarily suspending the User for a period proportional to the abuse (for example, by blocking the User's account);
Closing/terminating the User's account.
In the event of taking the above measures, Parkos will notify the User by email of the specific reason(s) for implementing the measure, the duration of the measure, and the opportunity to object to the measure. After the end of the period for which the measure is set, the User has the opportunity to restore his/her account (unless the User's account has been permanently closed/terminated).

Privacy and Personal data

Parkos protects privacy and processes User's personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy and data protection laws and regulations applicable to Parkos.
The User declares that the personal data provided by the User to Parkos are complete, accurate, and correct, and may be lawfully received and processed by Parkos. The User ensures that this data provision by the User to Parkos does not violate the GDPR and other privacy and data protection laws and regulations. The User indemnifies Parkos from claims by individuals whose personal data have been provided to Parkos by the User erroneously, incompletely, inaccurately, incorrectly, or otherwise unlawfully.
Parkos takes the legal and reasonably necessary technical and organizational measures to secure the electronic transmission of data and to provide a safe web environment for the User. Parkos does not warrant that the security measures taken by Parkos are effective under all circumstances.
Parkos is entitled to make the personal data provided by the User, as well as the personal data generated or enriched by Parkos, available to affiliated entities of Parkos, processors, IT service providers, accountants and auditors, legal advisors, administrative companies, and other (business) service providers engaged by Parkos. If personal data are transferred to countries outside the European Economic Area, Parkos will ensure protection of personal data that is essentially equivalent to the level of the GDPR.
Parkos informs the User about how Parkos processes personal data through a privacy statement or an equivalent communication method. Our privacy statement can be found under the heading "privacy policy" at the bottom of our website and forms an integral part of these terms and conditions.

Liability

Parkos is in no way liable for any failure in the performance of damage resulting from the execution of the Agreement by the Parking Provider or for other services provided by Parkos partners. Parkos also accepts no liability for damage caused to the vehicle or theft of the vehicle belonging to the User.
To the extent permitted by law, Parkos accepts no liability for consequential or business damage, indirect damage, and loss of profit or revenue in any way related to – or caused by – the Services of Parkos.
Parkos accepts no liability for damage resulting from the acts or omissions of the User.
Should Parkos, for any reason whatsoever, be required to compensate for damages, then the compensation, to the extent permitted by law, shall:
be limited to the amount paid out by Parkos' professional/business liability insurance ("Insurance") in that case; or
if the damage is not covered by the Insurance, be limited to a maximum of the Parking Price.
Parkos has the right, if and to the extent possible, to attempt to undo or limit the damage suffered by the User.
The limitations of liability of Parkos contained in these General Terms and Conditions do not apply in cases of intent or deliberate recklessness by Parkos or its employees.

Unacceptable Behavior by the User

If the User violates these General Terms and Conditions (including references in these General Terms and Conditions to other terms, guidelines, and policies) or applicable laws and regulations, Parkos has the right to:
not conclude the Agreement between the User and the Parking Provider;
cancel a Reservation already made;
block access to the Platform and/or the User's account.
If Parkos cancels a Reservation, the User may not be entitled to a refund. If possible, Parkos will inform the User why one of the above actions has been taken. If the User disagrees with any of the actions taken by Parkos, the User can contact Parkos' customer service.

Force Majeure

In case of force majeure, Parkos is not obliged to fulfill its obligations towards the User. The obligations of Parkos regarding the Services are suspended for the duration of the force majeure situation.
Force majeure is understood to mean any circumstance that occurs beyond the control of Parkos, which makes it impossible for Parkos to fulfill its obligations to the User in whole or in part. This includes, for example, business disruptions, power outages, fire, and the absence of permits obtainable from the government. Force majeure also includes: disruptions in a (telecommunication) network, connection, or communication systems used and/or the unavailability of the Platform. The foregoing explanation is not exhaustive and serves only as an example of circumstances that will be considered force majeure situations.
As soon as a force majeure situation occurs at Parkos, Parkos will report this on the Platform or to the User as soon as possible, unless this cannot reasonably be expected of Parkos given the circumstances.

Loyalty Program

Parkos offers a refer a friend loyalty program. After using the Services, the User can claim a 20% discount for acquaintances, friends, and family who wish to use the Services (the "Loyalty Program"). Current information about the Loyalty Program can be found on the Platform.
The Loyalty Program can only be used once per Reservation.
The Loyalty Program is personal, and the rights and obligations cannot be transferred to third parties without prior written consent from Parkos.
Parkos reserves the right to refuse or terminate participation in the Loyalty Program at its own discretion in case of abuse or fraudulent behavior.
Parkos reserves the right to adjust the discount percentage or to permanently terminate the Loyalty Program. In case of changes or termination of the Loyalty Program, Parkos will inform the User in a timely manner via the Platform or the Reservation Confirmation. In case of termination of the Loyalty Program, Users have the opportunity to use the Loyalty Program within a period determined by Parkos, after which all User rights and Parkos obligations in this regard will expire.
For questions about the Loyalty Program, Users can visit the Platform or contact Parkos customer service.

Final provision

If any part of these General Terms and Conditions is found to be invalid, the other parts of these General Terms and Conditions will remain valid. Such invalid part shall be replaced by a valid and enforceable provision, which closely approximates the intent of the original part.
These General Terms and Conditions shall remain in force if Parkos changes its name, legal form, or owner.
The User may not transfer rights derived from these General Terms and Conditions to other parties without prior written consent from Parkos.
These General Terms and Conditions can be drafted in both the Dutch language and other languages. In case of disagreement regarding the content or meaning of these General Terms and Conditions, the Dutch text shall prevail.

Applicable Law and Dispute Resolution

Dutch law shall apply to any legal relationship between the User and Parkos. Users established in Europe may also invoke national consumer legislation.
The applicability of the Vienna Sales Convention is expressly excluded.
Any dispute arising out of or relating to the execution of the Services shall be submitted to the competent court of the District Court of Northern Netherlands. The User, who is established in Europe, has the right to initiate legal proceedings before the competent court of the User's place of residence.