Parkmobile Benelux B.V. – Terms of Service

Parkmobile Benelux B.V. – Terms of Service EasyPark (formerly Parkmobile)

Version January 2023

Subject of these terms. These Terms of Service are in force between you and Parkmobile Benelux B.V. (Chamber of Commerce no. 34202913). They provide the terms and conditions applicable to our parking systems and related services branded ‘EasyPark (formerly Parkmobile)’. Please take note of the following:

• as per mid-February 2023, Parkmobile Benelux B.V. is renamed to EasyPark B.V.
• EasyPark also offers the global EasyPark app (see https://easypark.nl/en). These Terms of Service do not apply to the global EasyPark app. For the terms and conditions that apply to the global EasyPark app please click here.

These Terms of Service include your rights and responsibilities when using our services. Please read these Terms of Service carefully.

You have accepted our Terms of Service at registration for an account or when using our systems. During registration a downloadable copy was made available to you. In addition, you can download a copy here.

Link to our privacy statement. When signing up or using our services, you will provide us with personal data. As your privacy is very important to us, we are committed to keeping you informed about any processing of personal data. Please carefully read our privacy statement https://parkmobile.nl/privacyverklaring/. If you do not agree with any of the processing of your personal data as set out in our Privacy Notice, please do not use our services.

Contents of these Terms of Service:

1. Offering and Availability of our Services
2. Access
3. Use of Our Parking payment systems
4. Payment and Processing
5. Various (including Termination Rights and Limitation of Our Liability)
6. Contact Parkmobile Benelux B.V.

1. Offering and Availability of our Services

Our services. We offer systems that enable you to pay parking fees (our ‘parking payment systems’) and other services related to parking and vehicle use (the ‘related services’). Our parking payment systems allow you to settle parking fees for specific on-street or off-street locations without the need to use cash. You register a parking action with our parking payment systems using the available methods and you will pay your parking fees through us on a deferred monthly basis. We will (periodically) charge you for your parking fees and any related service ordered by you. For more details on the specific services we provide, please review  .

Availability. You acknowledge that the use and availability of our parking payment systems is highly dependent on the operation of – for example – your mobile device, the internet, your GPS receiver and other resources you can use to access our services. If you are unable to access and use our parking payment systems, for any reason, you are required to use alternative payment methods to pay for parking or there may be a risk that you could be liable for additional parking fees and parking tickets. If your parking action has already started, you or the administrator of your account can manage the parking action by text messaging/SMS, interactive voice recognition (IVR) or here: https://parkmobile.nl/. In case of any difficulties, please contact our helpdesk: (0900-6665666, local rate).

For the avoidance of doubt, we cannot ensure availability of our parking payment systems and related services. Neither can we ensure availability of a parking space.

Business or third party account. In the event you are using an account that was registered by an organisation, for instance your employer, or an other third party/person, these terms and conditions apply to you as an individual using our parking system (the ‘sub user’), as well as to the organisation or other party/person that registered and manages the relevant account (the ‘administrator’). The payment, payment method, late payment and refunds will be managed by the administrator. In addition, certain restrictions and limitations may apply in relation to the sub user’s access and use of our parking systems, which access and use is (primarily) managed by the administrator.

The administrator is responsible and liable for the account and indemnifies us against all claims by its sub users in relation to the use of our services.

Please take note of the following: as sub user of an account that is administered by an organisation or another person or party that acts as a business or on a professional basis, you are considered to use our services for purposes relating to trade, business, craft or profession.

Partners. Our parking payment systems and related services may be used in combination with services offered by our partners (such as parking location operators). Our partners will have their own terms of service and you will be required to accept their terms of service before use. We are not responsible nor liable for the services offered by such partners.

2. Access

Access. You can access our parking payment systems and related services via one of the tools made available to you, including the https://parkmobile.nl web page, text messaging/SMS, interactive voice recognition (IVR) by telephone and mobile/in-car applications. A description of our tools, including instructions how to use them, can be reviewed here (https://parkmobile.nl/zo-werkt-het). Our app has a single access function that allows you to access multiple accounts, for instance both a private account and a sub user (business) account as managed by the relevant administrator. Our tools are under continuous development and may be updated from time-to-time or discontinued. You must follow the tool instructions or further reasonable instructions by us at all times. For the avoidance of doubt: this includes keeping your tool up-to-date, which may require you to download, install and use a new app (with new user experience).

Registration. Access to our tools can be limited to registered accounts and such registration is subject to our approval. You are responsible for keeping your account information confidential and should not share your account information with anyone. A registered account is for your personal use only. You need to identify and authenticate yourself by entering your user name or mobile phone number in combination with a password or PIN, or by using touch ID, whatever is applicable, before you can start using our services and perform parking actions and related payments through your registered account.

Please take note of the following: You are responsible for providing us with correct account, registration and access details, which should be kept up-to-date continuously by you. Furthermore, if you have authorised, permitted or otherwise made your account account available for someone else to use, you continue to bear full responsibility for such use (including, for the avoidance of doubt, the obligation to pay any accrued fees).

Materials. If applicable, we may provide you with an access token or a sticker for parking enforcement purposes or for access to certain parking locations. You are required to follow instructions for using the materials, as may be provided by us or the operator of a parking location. More information can be found here: https://parkmobile.nl.

Please take note of the following: the registrant of the account is responsible and liable for all parking actions initiated with the account, also if the registrant authorised, permitted or otherwise made the account available for someone else to use.

3. Use of Our Parking payment systems

Parking rule compliance. You must observe and comply with (local) traffic and parking regulations and follow instructions from the (local) authorities, and off-street parking vendors at all times.

Parking locations. You can use our parking payment systems to pay for parking at the parking spaces and areas indicated by us on the following website: https://parkmobile.nl/locaties/. You cannot use our parking payment systems to pay for parking outside these locations. The parking locations may change from time-to-time. We are not responsible nor liable for loss or damage to your vehicle or other properties while using the parking locations.

Parking actions. You can pay for parking at one of the parking locations by successfully registering your parking action with our parking payment systems. You can use one of the methods available in our tools to complete such registration, such as: start/stop, prepay of a specific duration or capture of vehicle movements by means of in/out methods (usually using a Camera Parking. Successful registration requires confirmation of your parking action by our parking payment systems.

Please take note of the following: Additional instructions on how to register your parking action may be provided on-site at the parking location. You are required to follow the instructions at all times.

Parking action details. You are responsible for providing all of the necessary and correct details for your parking action. Your parking action will be automatically processed on our parking payment systems on the basis of these details. The details you provide about your parking action are key for us to correctly process your parking fees. You alone are responsible for providing us with the correct details for your parking action and you will be responsible for paying any penalty charge or parking fee issued as a result of incorrect parking action details.

Please take note of the following: We are not responsible for verifying whether your parking action details are correct. We emphasize that you must read the instructions before you start using our parking payment systems, as incorrect use might lead to fines or penalty charges, incorrect payments or other consequences. You are responsible for any such consequences (which may be notified or collected in connection with parking violations) and the payment thereof. Any parking violation is a matter between you and the relevant operator and/or authority. We remain neutral in such disputes. However, we may at our sole discretion provide information to the disputing parties. Upon our request you agree to object to any charge (such as a fine) of an operator, partner, local authority or other third party.

Camera Parking. In relation to certain parking lots, access may be granted and a parking action may be started and/or ended with the help of an automatic number plate recognition system as provided and operated by the relevant public or private operator (the “CameraPark System”), whereby the time a vehicle enters and leaves the parking area is automatically registered and, if applicable, forwarded to our system. If the CameraPark System is fully automated, a parking action is activated automatically in our system when the vehicle enters the parking area and is ended automatically in our system when the vehicle leaves the parking area. If the CameraPark System is not fully automated, you must activate a parking manually in our system (e.g. through the App), whereby the start time automatically will be set to the time when the vehicle entered the relevant parking area, but the parking is ended automatically in our system, when the vehicle leaves the parking area. If you are using CameraPark, you will ensure that the relevant vehicle’s license plates are clean, not damaged and are otherwise in a readable condition when the vehicle enters and leaves the parking area.

The CameraPark Systems are provided and maintained by the operators of the relevant parking location and not by us. We do not provide any technical support in relation to the CameraPark System. The operator of the relevant parking area needs to be contacted in this respect.

Please take note of the following:

By activating and using CameraPark in connection with our services you:

• confirm that you are an authorized user of the vehicle for which CameraPark is activated;
• understand that you are obliged to disable the license plate number for CameraPark if you are no longer an authorized user of the related vehicle;
• understand that adding a license plate number to your account for CameraPark is at your own risk and account;
• understand that you need to check in the app that the parking session has actually started and stopped;
• understand that the total costs for a parking session, also including our applicable service fees, will be calculated when your vehicle exits the car park and will be automatically debited using the payment method you have chosen;
• understand that car parks that use CameraPark may be added or removed without notice. For the current car parks that support CameraPark, please check our website;
• you are responsible for deactivating the CameraPark service in relation to a vehicle, if you no longer want to use such service in relation to such vehicle (e.g., if the vehicle has been sold, or, in respect of lease and rental cars, when the relevant rental or lease period has ended).

Reminders. If you choose to make use of reminders as part of our parking payment systems, we will automatically send you a notification to remind you of an ongoing parking action. The time period for such messages is of your choice. You may also choose to receive confirmation messages when your parking session is due to end. We emphasize that your parking action still remains your responsibility and you are always responsible for ending or extending a parking session that has been started via our system/tools, irrespective of whether you have chosen to receive a reminder, and irrespective of whether the reminder is actually received. You acknowledge that receipt of the reminder depends on the availability of your network and can be interrupted/delayed. Any additional costs relating to these reminders will be charged simultaneously with all other charges.

4. Payment and Processing

Parking fees. The parking fees are set by the respective operator of the parking location. We have no control over the amount of these parking fees, which may change from time-to-time. You should not use our parking payment systems if you are eligible for certain parking fee arrangements or discounts offered by the parking location operator as these will not always be available in our parking payment systems.

Our fees. In addition to the relevant parking fees we will charge you our fees depending on your selection and use of our parking payment systems and the related services. Our fees may consist of a registration fee, a parking payment fee and/or a monthly subscription fee, a fee for related services and other fees applicable to our services, which we may change from time-to-time. For more details on the specific services and the applicable fees, please consult https://parkmobile.nl/tarieven/ or your account; or – in case of a business or other third party/person account – please contact your administrator. You are responsible for all costs charged by third parties for accessing or using our services (such as telephone, sms or data charges applied by your mobile operator).

Payment method. You must select the payment method of your preference from the options we make available to you in our parking payment systems. A full description of the available payment methods can be reviewed here https://parkmobile.nl/tarieven/. When using our services, you accept that we automatically collect your parking fees and our fees, and that your payments may be processed by a third party payment processor. You acknowledge that certain use of our parking payment systems requires a specific payment method, such as a payment through your telephone provider or payment card.

Payment. Depending on your selection and use of our parking payment systems and the related services, we will directly or periodically charge the parking fees and our fees, while using the payment method you have chosen. We are responsible for the correct execution of the payments and you are responsible for having adequate funds available to cover our fees. Your recent parking history, invoices, receipts and other transaction details can be found in your account on our services. We first receive payment from you before paying the applicable parking fees to the operator of the parking location concerned.

Late payment. If you do not pay the amounts due or instigate unwarranted chargeback requests, we are entitled to immediately suspend the provision of our services to you (without prejudice to our further statutory rights). You will be charged the statutory interest rate as from the date you are in default on your payment obligation.

Refunds. We are under no obligation to provide a refund or cancel parking actions submitted to our parking payment systems, unless there is a system error on our part. If you have any questions about a parking action, please contact our helpdesk: (0900-6665666 local rate).

Please take note of the following: After registration, we will perform our services immediately by providing you access to our parking payment system and related services, as expressly requested by you. You therefore confirm that we will start the performance immediately and that you do not have the right to withdraw from the contract.

Riverty Consolidated Direct Debit. Riverty Consolidated Direct is a direct debit payment method that is available for eligible customers located in the Netherlands who are either an individual (at least 18 years old) or a duly incorporated business enterprise. Your eligibility for Riverty Consolidated Direct Debit is evaluated on a per transaction basis and is subject to satisfactory fraud screening and creditworthiness checks conducted by our third party payment services provider, Riverty GmbH, Gütersloher Str. 123, 33415 Verl, Germany (“Riverty“) For more information on the fraud screening and credit check see the Riverty Privacy Notice. If a transaction is suspected fraudulent or the credit check does not meet the defined criteria (e.g. outstanding debt), Riverty reserves the right to reject and block your use of Riverty Consolidated Direct Debit. Please note that Riverty acts as an individual data controller and not as our data processor when processing your data for the purpose of conducting the fraud screening/credit checks and processing of payment transactions in connection with Riverty Consolidated Direct Debit. To learn more about how Riverty processes your personal data, please read their privacy statement here.

Your use of Riverty Consolidated Direct Debit further requires a SEPA Direct Debit payment mandate whereby you authorize (i) us to send – through our payment service provider Riverty – instructions to your bank to debit your account and (ii) your bank to debit your account in accordance with the instructions on the due date. At the same time, you also confirm to us and Riverty that you are authorized to dispose over that account and that the account has sufficient funds.

For parking transactions made using Riverty Consolidated Direct Debit, a statement will be issued to you on the first day of the month following your purchase. Each monthly statement consolidates all parking transactions made using Riverty Consolidated Direct Debit from the prior month. The amount listed on the monthly statement is due upon receipt of the monthly statement, but not before the deadline for advance information pursuant to the SEPA direct debit rules. Advance information (“Pre-Notification“) means any notification (e.g. on the invoice) to you announcing a debit by SEPA Direct Debit. The agreed deadline for advance information is 3 days after receipt of the monthly statement. As mentioned above, the direct debit will be collected through our payment services provider Riverty when due from the account that you have specified in the SEPA Direct Debit mandate.

If you are an individual (excluding business accounts) and the SEPA Direct Debit collection is unsuccessful, we assign and transfer all rights, title and interest in the associated invoiced debt to Riverty and Riverty has the right to collect any invoiced amounts from you directly on its own behalf (“Transfer of Claim“). In case of such assignment, Riverty is entitled to exercise the same rights against you with respect to payment as we could exercise against you in accordance with the agreement concluded between us regarding our services. The claim against you can, at all times, unilaterally be transferred by Riverty to a third party, including a debt collection agency.

In the event of late payment, Riverty will send you a reminder and demand payment within 14 days warning you that if payment is not received within 14 days, you will incur debt collection costs in accordance with Dutch law.  In the event you do not act on this reminder by paying the outstanding balance within the defined due date, Riverty will charge a portion of such debt collection costs and issue a second reminder. If you do not act on this second reminder either, Riverty can charge an additional portion of the debt collection costs and will issue a third and final reminder. Failure to act upon such final reminder can trigger the imposition of the remaining amount of the debt collection costs, due in accordance with Dutch law, and execution of legal debt collection measures. For the applicable debt collection cost portions, click here . Any reminders can be sent via e-mail. In accordance with the Besluit vergoeding voor buitengerechtelijke incassokosten, the total debt collection costs Riverty is entitled to charge amounts 15% of the outstanding amount with a minimum of € 40 (forty Euros) as minimum debt collection costs. Please note that Riverty is also entitled to charge statutory interest per month on the outstanding amounts upon the second reminder. To the extent you are using our services for purposes relating to your trade, business, craft or profession, this paragraph does not apply and we are entitled to charge debt collection costs upon default.

Any disputed charges for payments should be notified to Riverty. Any disputed charges for the use of our services should be notified to us.

5. Various (including Termination Rights and Limitation of Our Liability)

Term. Our agreement to provide the services based on these Terms of Service comes into effect upon successful registration of your account. If you order services based on a monthly subscription fee or other monthly recurring costs, then such services can be terminated for convenience at any time subject to one month’s prior notice. You can send your termination notice to the following email and post address: helpdesk@parkmobile.nl or P.O. box 109, 1110 AC DIEMEN. We may stop carrying our service as a whole or in parts by providing one month’s prior written notice.

Non-compliance and abuse. We can immediately terminate or suspend this agreement in case you do not comply with your material responsibilities as set out in these Terms of Service or our documents referred to in these Terms of Service or abuse or manipulate our service. We will provide you with written notice if we choose to terminate or suspend our services. Please note that the following events will in any case qualify as events that trigger our right to immediately terminate or suspend our service:

1. Reports of unauthorised or unusual credit card use associated with the personal account including, but not limited to, notice by the card issuing bank. This includes notices made by you to your credit card company that a transaction was unauthorised or your account compromised, and is done in order to protect you from further unauthorised use of your card;
2. Report of unauthorised or unusual use of the account;
3. Abuse by you of the chargeback process provided by your issuing bank;
4. Excessive levels of disputes or chargebacks;
5. When the name of the cardholder on the creditcard linked to your account does not correspond with the name which is registered to the account;
6. We have reasonable grounds to believe that you persistently fail to pay for parking or pay parking penalties;
7. We are unable to verify or authenticate any information that you provide to us;
8. We believe that your account or activities pose a significant credit or fraud risk to us;
9. We believe that you actions will cause financial loss for us; or
10. Unwanted reports from credit rating agencies.

Please take note of the following: the above termination and suspension rights also apply in the event you are an administrator and one of the sub users fails to comply with the material responsibilities or abuses or manipulates our service.

Force majeure. In cases of force majeure—for instance disruptions in the telecommunication infrastructure (Internet), national unrest, mobilization, war, traffic closures, strikes, lockout, denial-of-service attacks, distributed-denial-of-service attacks, disruption of operations, stagnation of supply, fire, flood or any other circumstances beyond our reasonable control, in which we are prevented from providing our services so that we cannot reasonably be required to fulfil the contract— our duty to perform ceases to apply.

Limitation of our liability. We are not liable for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement or is an indirect or consequential loss or damage.

To the extent you are using our services for purposes relating to your trade, business, craft or profession, our liability for damage arising during the performance of our agreement is limited to the value of the service that we provided to the specific (sub) user during which the damage occurred.

Nothing in these Terms of Service shall exclude our liability for gross negligence and wilful intent or death and personal injury caused by our negligence or any other type of liability which cannot be excluded or limited as a matter of applicable law.

Warranty. You are entitled to the statutory warranty rights regarding our services.

Transfer and third party rights. The agreement is between you and us. No other person shall have any rights to enforce any of its terms. You cannot transfer your rights to other parties without our prior written consent. We are entitled to transfer this agreement to a third party, including in any event an affiliate.

Changes to these Terms of Service. We may change these Terms of Service. If we decide to do so, we will inform you of such change via our website. You may terminate our agreement in case you do not agree with these changes. Each of the paragraphs 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.

Applicable law and venue. The agreement and these terms and conditions are governed by the laws of the Netherlands. You have the option to resolve any claim, action or dispute by means of a procedure before the competent courts in the Netherlands.

6. Contact

If you have any questions about our services, the website, these Terms of Service or anything other related to our services, you can contact us via the following contact information:

T: 0900-666 5 666 (local rate)
WhatsApp: 06-11 77 67 77 (Mon-Fri 9.00-17.00h)
Herikerbergweg 102
1101 CM Amsterdam