EasyPark B.V. – Terms of Service

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

Version July 2023

Subject of these terms. These Terms of Service are in force between you and EasyPark BV (Chamber of Commerce no. 34202913). They provide the terms and conditions applicable to our services related to the parking payment systems currently branded ‘EasyPark (formerly Parkmobile)’.

Please take note of the following: EasyPark also offers the global EasyPark app. These Terms of Service do not apply to that global EasyPark app. For the terms and conditions that apply to the global EasyPark app please click here

The 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. 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:

Offering and Availability of our Services
Access
Use of Our Parking payment systems
Payment and Processing
Various (including Termination Rights and Limitation of Our Liability)
Contact EasyPark 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 ‘additional 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, click here.

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 here. In case of any difficulties, please contact our helpdesk: (085-0657180, local rate).

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

Partners. Our parking payment systems and additional services may be used in combination with services offered by our partners. 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 operators and partners.

Please take note of the following: when using additional services (to the extent applicable and available to you), the following additional terms of services will apply:

Garagekaart, LINK

Chauffeursdiensten, BOB PDF

Nationale Tankkaart, PDF

The abovementioned services are (if applicable) only available for business users.

Business or third party account. In the event you are using an account that was registered by an organisation, for instance your employer, or another third party, then these terms and conditions apply to you as an individual using our parking system (the ‘sub user’). At the same time these terms and conditions apply to the organisation that registered and/or manages the relevant account (the ‘administrator’). Everything related to the payment (e.g. payment method, reminders and refunds) will be managed by the administrator. In addition, certain instructions, restrictions and limitations may be imposed by the administrator in relation to the sub user’s access and use of our parking systems, with which the sub user will comply. The registration of a sub user requires our permission and can at all times be rejected or cancelled by us.

The administrator is responsible and liable for the use of our services by its sub users and indemnifies us from all claims by its sub users in relation thereto. Both the administrator and the sub user are jointly and severally liable for any parking actions, including the details submitted to our parking payment systems. In any event, the administrator shall timely deregister a sub user when the sub user’s account is no longer controlled by the administrator. The administrator shall inform any sub user of the contents of these Terms of Service (including any updates) and administrator shall procure that all sub users comply with these Terms of Service.

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.

2. Access

Access. You can access our parking payment systems and additional services via one of the tools made available to you, including the web page, and mobile/in-car applications. A description of our tools, including instructions how to use them, can be reviewed here. Our tools are under continuous development and may be updated from time-to-time or discontinued. You must follow the tool instructions at all times and keep your tool up-to-date.

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 username 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.

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 controller of a parking location. More information can be found here.

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://www.easypark.com/en-nl/where-it-works 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. 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 penalty charges, incorrect payments or other consequences.

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. 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 controller 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 controller 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 additional services. Our fees may consist of a registration fee, a parking payment fee and/or a monthly subscription fee, a fee for additional 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://www.easypark.com/en-nl/pricing. 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). Additional services that are currently included in a package or any new services, may in the future be subject to separate fees.

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 . 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 additional 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 controller of the parking location concerned. Invoices cannot be disputed more than sixty days after notification of payment or a payment obligation (whichever occurs sooner), e.g. receipt or invoice to the administrator that is using our services for purposes relating to its trade, business, craft or profession.

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: (085-0657180 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 additional 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. The 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 use of Riverty Consolidated Direct Debit. Please note that Riverty acts as an individual data controller and not as our data processor when processing the 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 personal data, please read their privacy statement here

The use of Riverty Consolidated Direct Debit further requires a SEPA Direct Debit payment mandate whereby the customer authorizes (i) EasyPark to send – through our payment service provider Riverty – instructions to the customer’s bank to debit the customer’s account and (ii) the customer’s bank to debit the customer’s account in accordance with the instructions on the due date. At the same time, the customer also confirms to us and Riverty that they are authorized to dispose over that account and that the account has sufficient funds.

For parking transactions made as well as for monthly subscriptions using Riverty Consolidated Direct Debit as payment method, a statement will be issued to the customer on the second working day of the month following the purchase of services. Each monthly statement consolidates the subscription, and/or all parking transactions and/or other 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 the customer 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 the customer has specified in the SEPA Direct Debit mandate.

If the SEPA Direct Debit collection is unsuccessful, EasyPark assigns and transfers all rights, title and interest in the associated invoiced debt to Riverty and Riverty has the right to collect any invoiced amounts from the customer directly on its own behalf (“Transfer of Claim“). In case of such assignment, Riverty is entitled to exercise the same rights against the customer with respect to payment as EasyPark could exercise against the customer in accordance with the agreement concluded between the customer and EasyPark regarding its services. The claim against the customer 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 the customer a reminder and demand payment within 14 days warning the customer that if payment is not received within 14 days, the customer will incur debt collection costs in accordance with Dutch law. In the event the customer does 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 the customer does 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, see: https://www.easypark.com/en-nl/riverty-reminder-fees. 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 the customer is using our services for purposes relating to their 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 the services should be notified to EasyPark.

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: klantenservice@easypark.net or Herikerbergweg 102, 1101 CM Amsterdam. We may stop carrying our service as a whole or in parts by providing 30 days’ 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:

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;
Report of unauthorised or unusual use of the account;
Abuse by you of the chargeback process provided by your issuing bank;
Excessive levels of disputes or chargebacks;
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;
We have reasonable grounds to believe that you persistently fail to pay for parking or pay parking penalties;
We are unable to verify or authenticate any information that you provide to us;
We believe that your account or activities pose a significant credit or fraud risk to us;
We believe that you actions will cause financial loss for us; or
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 (including for the avoidance of doubt abuse or manipulation 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 you during which the damage occurred. To the extent you are an administrator, using our services for purposes relating to trade, business, craft or profession, our liability is limited to the value of the service provided to the specific (sub) user in relation to which the damage occurred.

In any event, our cumulative liability for damage or loss arising from a specific event or a combination of related events is limited to the maximum amount covered and paid out by our professional insurer. This also means that in the event there are other parties affected by the event or combination of events, our liability in relation to you specifically is further limited to the share in the amount covered and paid out by our professional insurer that is relative to your damage as part of the cumulative damage suffered by all affected parties as a whole.

Nothing in these Terms of Service shall exclude our liability for gross negligence and willful 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. Upon notification to you we may transfer the agreement or rights deriving therefrom to third parties.

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 EasyPark B.V.

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: 085-0657180 (local rate)

WhatsApp: 06-11 77 67 77 (ma t/m vr 9.00-17.00 uur)

Herikerbergweg 102

1101 CM Amsterdam