General terms & conditions
Article 1 Definitions
Reserved Parking: The Parkeerbeheer INDIGOparking products that can be reserved through the internet:
Operator: Parkeerbeheer INDIGO nv
Motor vehicle: Motor vehicle as described in traffic legislation.
Parking accommodation: Car park or garage/cellar with accompanying spaces and sites, which are intended for parking Motor Vehicles.
Parker: The owner, party in whose name a vehicle is registered, user or passenger of a Motor Vehicle, who wished to bring or has brought that Motor Vehicle in or onto the Parking Accommodation.
Proof of Parking: A parking ticket, car park season ticket, or any other means designated by the Operator, which can be used to acquire access to the Parking Accommodation.
Parking Fee: The amount that the Parker owes for the use of the Parking Accommodation.
Parking Period: The period during which the Motor Vehicle is actually parked in/on the Parking Accommodation, consisting of the period between the commencement date (this date is included in the calculation) and the actual end date (this date is included in the calculation) of the parking, which will be determined on the basis of the time of driving into or driving out recorded by the PMS.
PMS (Parking Management System): A system consisting of hardware and software, which is used for access control, payment actions, exit control and provision of management information with regard to the Parking Accommodation.
Reservation Period: The period stated by the Parker in advance in his/her Reserved Parking booking, during which the Motor Vehicle will be parked by the Parker, consisting of the period between the stated commencement date (this date is included in the calculation) and the stated end date (this date is included in the calculation) of the parking.
Website: The website operated by the Operator on the internet with the address www.besixpark.com.
Article 2 Applicability of the Terms and Conditions
2.1 These Terms and Conditions apply from 1 January 2017 and replace all previous terms and conditions with regard to the Operator's Parking Accommodations.
2.2 Access to the Parking Accommodations will be exclusively provided subject to the applicability of these Terms and Conditions.
2.3 These Terms and Conditions apply to all parking agreements. Parking agreements will be concluded:
· by means of a parking ticket purchased at the entrance of the Parking Accommodation.
· by means of driving in or out with a credit card, whereby the parking duration will be recorded in the PMS.
· by means of reservation
· by means of driving in with number plate recognition
· by means of a car park ticket ordered and received in advance
· by means of access provision by intercom call and admission provided by the Operator's management
· by means of a car park season ticket for multiple use of the Parking Accommodation
· by means of an agreement with the Operator for the use of the Parking Accommodation
2.4 If one or more provisions of these Terms and Conditions appear to be null and void, are voided, or otherwise lose their validity, the other provisions of these Terms and Conditions will remain as much as possible in effect, insofar as this will correspond with the meaning and effect of these Terms and Conditions. The voided provision will be replaced by a valid provision, whereby the meaning and effect of these Terms and Conditions will be preserved.
Article 3 Parking Agreement
a. A Parking Agreement will be deemed to have come into effect after a Parker has become the holder of Proof of Parking and uses this Proof of Parking for parking a Motor Vehicle in/on the Parking Accommodation. In the event of disagreement related to the question of whether use is made of the Parking Accommodation, the fact that the Parker is situated with the Motor Vehicle in or on the Parking Accommodation will be the determining factor;
b. A Parking Agreement will be deemed to have come into effect in the event of Reserved Parking in the manner as described in article 2 of the Special Provisions of these Terms and Conditions.
3.1 The duration of a Parking Agreement is equal to the Parking Period.
3.2 A random space in the Parking Accommodation will be made available to the Parker, unless the Parker and the Operator have concluded an agreement in advance, whereby a specific space or part of the Parking Accommodation is allocated.
Article 4 Access
4.1 A valid Proof of Parking or an accepted Reserved Parking booking will, provided that sufficient space is available, give the right to access to the Parking Accommodation and to the parking of one Motor Vehicle.
4.2 The Operator's Parking Accommodations are open 24 hours per day.
4.3 Only Motor Vehicles with a length not exceeding 5 metres, and a width not exceeding 1.90 metre and weight of less than 2,500 kilos, are permitted in the Parking Accommodation; the height of these Motor Vehicles may not be higher than the height stated at the entrance of the Parking Accommodation.
4.4 The Operator will be entitled to refuse access to the Parking Accommodation by any Motor Vehicle if the Operator deems this desirable with due regard to standards of reasonableness and fairness. This will inter alia occur if the Operator knows or suspects that a Motor Vehicle transports explosive or other hazardous substances, not including motor fuel in the Motor Vehicle's fuel tank intended for this purpose (with the exception of LPG in covered/underground Parking Accommodation), as well as in the event that the Operator is of the opinion that the Motor Vehicle, having regard to the size and/or weight, or as the case may be due to items that are transported by the Motor Vehicle, may cause damage to the environment in the broadest sense of the words.
4.5 The Operator will be entitled, if this is necessary in the opinion of the Operator, to relocate vehicles and/or persons in the Parking Accommodation, and/or to remove (have removed) any vehicle from the Parking Accommodation. The condition of a vehicle may be a reason for the Operator to remove (have removed) this vehicle from the Parking Accommodation, without this resulting in any liability on the part of the Operator. The Operator must observe the standards of reasonableness during the assessment of the necessity of relocation/removal.
4.6 Motor Vehicles that are parked contrary to the applicable regulations can be removed by the Operator at any time at the Parker's expense and risk, and if necessary moved outside the Parking Accommodation.
4.7. The Operator will be entitled to put wheel clamps on vehicles if this is necessary in the opinion of the Operator. The Operator must observe the standards of reasonableness during the assessment of the necessity of a wheel clamp.
Article 5 Instructions for use
5.1 When present in the Parking Accommodation the Parker must behave in conformity with the provisions of the Road Traffic Act, the further rules set out pursuant to this Act, the Road Traffic and Traffic Signals Regulations, and the accompanying appendices, as well as the further rules set out pursuant to the regulations referred to.
5.2 Parkers at Antwerp Airport will be bound by the Antwerp airport regulations. In addition the Parker is bound by the general terms and conditions for use of Parkeerbeheer INDIGO, as well as later amendments thereof, or new versions thereof, as soon as these have come into effect, unless express derogation is made in these Terms and Conditions from the arrangement referred to. The current versions of the general terms and conditions and the airport regulations can be consulted at any time at www.besixpark.com.
5.3 The Parker is furthermore obliged to follow instructions from the Operator's personnel, or from third parties hired by the Operator for this purpose, to park the Motor Vehicle at the stated or to be stated space, and to behave in such a manner that the traffic in and/or at the Parking Accommodation will not be hindered and safety will not be endangered.
5.4 It is not permitted to park a Motor Vehicle in the Parking Accommodation for longer than 90 consecutive days without prior permission in writing from the Operator. Following the expiry of this period the Parker will, in addition to the Parking Fee for 90 days, also owe a Parking Fee for each day or a part thereof after the expiry of the period referred to during which the Parker's Motor Vehicle is present in the Parking Accommodation, without prejudice to the right of the Operator to claim additional payment of costs, damage and interest.
5.5 If the Parker has left a vehicle behind in the Parking Accommodation for a period of more than 90 days, and in spite of a request or demand in writing from the Operator refuses to remove, or as the case may be is for any reason whatsoever not capable of removing, the vehicle that has been left behind, the Operator will be entitled to remove (have removed) the vehicle that has been left behind from the Parking Accommodation, within 14 days after the request or the demand and to store it elsewhere. In the event that the Parker's address cannot be traced in spite of reasonable efforts made, one can suffice with affixing a clearly visibly affixed request in writing for removal under the windscreen wiper of the vehicle. If the Parker has not collected the vehicle within three (3) months after the request or the demand the Operator will be entitled to sell or destroy the vehicle. In that event the Operator will only be obliged to pay the sales proceeds to the Parker minus the Parking Fee owed, any financial penalties and the costs incurred by the Operator related to the removal and the temporary storage of the vehicle. If the owed Parking Fee, any financial penalty and the aforesaid costs of the Operator are more than the proceeds from the vehicle the Parker must pay these costs to the Operator.
Article 6 Usage restrictions
6.1 The following are prohibited:
a. to use the Parking Accommodation for purposes other than for parking Motor Vehicles;
b. to offer, distribute, or sell, or rent out goods or services in the Parking Accommodation;
c. to use the Parking Accommodation for the execution of commercial activities without permission in writing from the Operator;
d. to advertise in, on, or at the Parking Accommodation. In the event of unauthorised distributed advertising being discovered, the costs of removal will be recovered from the person responsible;
e. to drive into or on the Parking Accommodation with trailers of whatsoever nature, also including caravans;
f. to smoke in the Parking Accommodation or ignite a fire (naked flames);
g. to bring into or have inside the Parking Accommodation explosive, flammable or otherwise dangerous and/or hazardous substances, with the exception of motor fuel in the usual fuel tank of the Motor Vehicle intended for this (with the exception of LPG in covered/underground Parking Accommodation);
h. to use the Parking Accommodation as a camping site;
i. to leave rubbish behind in the Parking Accommodations with the exception of litter, which must be deposited in the bins provided for this purpose.
6.2 The engine of a Motor Vehicle is only permitted to be running insofar as necessary for the immediate driving in or out of the Parking Accommodation, or for the immediate parking of the Motor Vehicle.
Article 7 Parking Fee and payment
7.1 The Parker will owe a Parking Fee for the use of the Parking Accommodation. The Parking Fee will be calculated in accordance with the rates recorded by the Operator. The rates are set out at the entrance of the Parking Accommodations and/or at www.besixpark.com. The Operator retains the right to change the rates.
7.2 After payment at a pay machine the Proof of Parking will give the Parker the right, and the opportunity, to take the Motor Vehicle outside the Parking Accommodation during a period to be calculated from the time of payment. The period for short parking is 15 minutes and for long parking 30 minutes. If the period referred to expires without the intervention of the Parker taking the Motor Vehicle outside the Parking Accommodation a new parking period will commence for which a Parking Fee will be owed once again. The procedure as described above will be repeated after payment of the new period.
7.3 In the event of loss or lack of Proof of Parking a Motor Vehicle can only be taken outside the Parking Accommodation after the Parker has paid the Parking Fee applicable for this at that time, for each day and a part thereof during which the Motor Vehicle has been present in the Parking Accommodation, which will be in the opinion of the Operator.
7.4 Leaving the Parking Accommodation with a Motor Vehicle without payment for the use of the Parking Accommodation and without permission from the Operator is prohibited. If this takes place the Operator will claim in writing payment by the Parker of the Parking Fee owed. If the first claim is not paid a second claim will follow after two weeks in which it will also be stated that the Motor Vehicle concerned will be refused access to the Parking Accommodations. It will also be stated that, if the Motor Vehicle concerned is found in one of the Parking Accommodations, article 5.5 of these Terms and Conditions will be enforced. In the event that the name and address details of the owner cannot be reasonably traced, one can suffice with the execution of article 5.5 of these Terms and Conditions.
Article 8 Liability
8.1 The Parking Agreement that has come into effect between parties does not encompass security arrangements. The Operator excludes any liability for damage, theft, loss and suchlike to/of the Motor Vehicle that is parked or will be parked and other possessions of the Parker or passengers, unless the Parker can demonstrate that there is intention or gross negligence on the part of the Operator.
8.2 The Operator furthermore will not be liable for shortcomings resulting from the use of the Parking Accommodation, or resulting from other services that are offered by or on behalf of the Operator in the Parking Accommodation, unless the Parker can demonstrate that there is intention or gross negligence on the part of the Operator.
8.3 The Parker will be liable for all damage that is caused by or resulting from the use of the Parking Accommodation by the Parker. Damage caused by the Parker to the Parking Accommodation or the PMS service must be compensated at location unless, in the opinion of the Operator, the Parker can provide sufficient security that the damage can be recovered from the Parker. A loss assessment drawn up by or on behalf of the Operator will be the determining factor for establishing the amount of the damage. The costs of this loss assessment will be at the expense of the Parker.
8.4 If the Parker fails in the fulfilment of any obligation, which has been imposed pursuant to the law, local regulations and practices and/or the Parking Agreement concluded with the Parker, including these Terms and Conditions, the Parker will be obliged to compensate the Operator for all damage, suffered or still to be suffered by the Operator as a result of the aforesaid omission. If the Operator is compelled to issue a demand, notice of default or another bailiff's notification to the Parker, or in the event of necessary proceedings against the Parker, the Parker will be obliged to compensate the Operator for all costs incurred for this, with or without the intervention of the courts, unless the proceedings were wrongly instituted.
8.5 The Operator will be entitled at any time to keep possession of the Motor Vehicle and to take appropriate measures for this purpose, until all that which the Operator can claim from the Parker, either on the basis of the Parking Agreement, or on another basis, has been paid.
8.6 Any shortcoming cannot be attributed to the Operator if this can be blamed on an independent circumstance beyond the control of the Operator, as a result of which the fulfilment of the obligations under the Parking Agreement can no longer reasonably be required by the Parker from the Operator. This includes in any event industrial actions, fire, government measures, business interruptions, as well as a failure in performance by third parties.
Article 9 Privacy provisions
9.1 In the event of driving into or on the Parking Accommodation, the number plate of the Motor Vehicle will be recorded in the PMS and printed on the entry card for the following purposes:
a. prevention of fraud: in the event of theft of the entry card, details can be checked on the basis of the recorded number plate regarding when the Motor Vehicle concerned was driven in and the corresponding Parking Fee can be established therewith;
b. security: when driving out it is checked that the number plate of the Motor Vehicle corresponds with the number plate on the entry card.
9.2 If the Parker uses the Reserved Parking service the Operator will process the personal data of the Parker, in addition to the purposes referred to under 9.1, for the purposes described in article 5 of the Special Provisions of these Terms and Conditions.
Article 10 Car park season tickets
10.1 Insofar as this article does not derogate therefrom, all other provisions of the General Terms and Conditions will apply in full. Separate car park season tickets can be concluded per category (personnel, car hire companies and other parts to be further designated).
10.2 The car park season ticket for garaging a vehicle will be concluded in accordance with the applicable rates for the duration of twelve months, following which it will be renewed tacitly each time by twelve months, unless agreed otherwise.
10.3 The Parker with a car park season ticket will receive notification in writing from the Operator at least four weeks in advance of any intended rate increase. If a Parker with a car park season ticket does not wish to agree to a rate increase the Parker can have the agreement terminated in writing within two weeks after the Operator brought the rate increase to the attention of the Parker and this will be with effect from the date of the commencement of the rate increase.
10.4 Both parties will be entitled to cancel the car park season ticket by means of a registered letter at the latest 1 month prior to the end of the ongoing period. The notice period commences on the 1st day of the month following the date of the notice, unless agreed otherwise.
Article 11 Miscellaneous provisions
11.1 The Operator retains the right to change these Terms and Conditions. The most recent Terms and Conditions will be published on the Website.
11.2 All notification in writing, including demands, ensuing from or related to these Terms and Conditions must be forwarded to: Parkeerbeheer INDIGO nv, Milisstraat 33, B-2018 Antwerp.
Article 12 Applicable law and court with competent jurisdiction
12.1 Belgian law exclusively applies to all Parking Agreements.
12.2 Every dispute between parties related to this agreement will only be submitted to the court with competent jurisdiction for this purpose in the Antwerp district.
B - Special Provisions for Reserved Parking: In addition to the provisions of the General Provisions of these Terms and Conditions, the provisions included in this chapter B apply to Reserved Parking.
Article 1 - The parking facility
1.1 The Parker can reserve a parking space at a specific site of the Operator by means of making a Reserved Parking booking through the Website, in which the exact Reservation Period must be stated.
1.2 The Reserved Parking booking exclusively provides the right to park a Motor Vehicle in/on the parking product concerned, which forms part of the Parking Accommodation, as specified on the Website. The Reserved Parking expressly gives no right to parking in/on other Parking Accommodations. The Operator retains the right, for reasons of its own, to refer Parkers who have made a reservation for a specific site to one of the other Parking Accommodations.
Article 2 - Reservation, amendment and cancellation
2.1 The Parker can exclusively reserve the Reserved Parking by means of filling in the booking form for the required parking product through the Website.
2.2 The booking period as stated on the Website applies to Reserved Parking.
2.3 The Reserved Parking booking applies subject to the proviso of availability of the number of allocated parking spaces for the Reserved Parking product concerned. If the parking spaces appear to not be, or to no longer be, available the Operator will not accept the booking and will inform the Parker of this as soon as possible.
2.4 The Parker must state the commencement date and the end date of the Reservation Period in the booking form. If the Parker has determined his/her choice a full statement thereof will be shown accompanied by a statement of the owed Parking Fee. Thereupon the Parker will be asked if he/she wishes to visit the electronic payment facility to pay the owed Parking Fee. If the Parker thereupon clicks on the button with which the payment is made final, the Parking Agreement with the Operator for the Reserved Parking product concerned will come into effect and the Parker will be bound towards the Operator with regard to the reservation made by the Parker.
2.5 Once the reservation of booking has become final the Operator will confirm this by means of an email message to the email address stated by the Parker. The confirmation will serve as evidence for the existence and the contents of the Parking Agreement(s).
2.6 The Parker can at any time change his/her reservation by means of a special login module at the “My reservation”- option on the Website. A period that is no later than 72 hours prior to the commencement date of the Reservation Period applies for amending or cancellation of a reservation for Reserved Parking.
2.7 In the event of cancellation of Reserved Parking there will be no refund of the Parking Fee.
2.8 In the event of amendment of a Reserved Parking booking in conflict with the conditions set out in article 2.6 no refund of the owed Parking Fee will take place.
2.9 It is not permitted to place a Reserved Parking booking for commercial purposes. A Reserved Parking booking is not transferable for commercial purposes.
Article 3 - Parking Fee and payment
3.1 In derogation from the provisions of article 7.2 of the General Provisions of these Terms and Conditions the Parker can pay the Parking Fee owed for Reserved Parking by means of payment with a valid credit card or through Ideal through the electronic payment facility on the Website. The approval of the payment in this electronic payment facility contains an express statement of agreement from the Parker to have the owed Parking Fee debited from his/her credit card or bank account.
3.2 If payment with the credit card or the electronic payment facility is refused the booking will not come into effect. The Parker will be informed of this immediately during the booking or as the case may be shortly afterwards.
3.5 The Operator will state any interim change of the rates on the Website. An interim change that falls within the period after the Parker has made the booking final and prior to the commencement date of the Reservation Period will not have any impact on the parking costs of the booking.
Article 4 - Parking
4.1 A number of means of identification can be chosen for Reserved Parking, as a result of which the reservation will be recognised when driving on or into the Parking Accommodation, depending on the Parking Accommodation and/or the parking product.
4.1.2. Number plate: The number plate will be automatically recognised when driving in, an entry card with the number plate will be presented. The following text will appear in the window: “Please take the ticket”. The number plate will be automatically read when leaving the Parking Accommodation. If this is not read the Parker must present the entry card. If the Reservation Period corresponds with the Parking Period the Parker can leave the Parking Accommodation. If this is not the case the Parker can pay extra in the pay machines for the longer period concerned.
4.1.3. Access code: If the Parker has chosen this option during the reservation by not stating a number plate, or if the number plate is not read, the Parker will receive an Access Code in the confirmation email from the Operator. This will verify the identity of the Parker in the entrance and exit pillar following which the entry card with the number plate will be presented. Thereupon the same procedure will apply as described in article 4.1.2. If a Parker arrives earlier than the Reserved Time no ticket will automatically appear, but the Parker can drive in only by means of the Access Code.
4.2 It is possible to drive into/on the Parking Accommodation at an earlier or later date/time than the commencement date of the Reservation Period, as well as to leave the Parking Accommodation at an earlier date/time than the end date of the Reservation Period, subject to the following conditions:
a. If the Parker who has made a Reserved Parking booking drives into/on the Parking Accommodation at an earlier date/time than the commencement date/time of the Reservation Period, the Parker will pay an additional amount equal to the full regular parking rate applicable in that case over the period until the commencement of the Reservation Period. The Parker must separately pay the amount that will be charged due to the exceeding of the Reservation Period.
b. If the Parker who has made a Reserved Parking booking drives into/on the Parking Accommodation at a later date/time than the commencement date/time of the Reservation Period this will not have any impact on the end date/time of the Reservation Period: the end date/time will remain unchanged. Furthermore, the Parker will not have any right to refund of any part of the paid Parking Fee.
c. If the Parker who has made a Reserved Parking booking leaves the Parking Accommodation with his/her Motor Vehicle at an earlier date/time than the end date/time of the Reservation Period, the Parking Period will in that case end on the date/time on which the Parker actually left the Parking Accommodation with his/her Motor Vehicle. It is therefore not possible to drive in or out in the interim during the Parking Period: the Parking Period will terminate automatically at the first time when the Parker leaves the Parking Accommodation. The Parker will not have any right to refund of any part of the paid Parking Fee.
d. If the Parker who has made a Reserved Parking booking leaves the Parking Accommodation at a later date/time than the end date/time of the Reservation Period, an additional amount will be charged to the Parker for the time during which he/she has exceeded the Reservation Period. The amount that will be charged due to the exceeding will be equal to the parking rate applicable in that case for the site concerned and this amount must be paid separately by the Parker.
Earlier entrance and later exit
e. If the Parker who has made a Reserved Parking booking drives into/out of the Parking Accommodation at an earlier date/time than the commencement date/time of the Reservation Period, and also leaves the Parking Accommodation after the end date/time of the Reservation Period, article 4.a and 4.d above will apply. The Parker must pay for both extra periods in the manner described in article 4.1.
Article 5 - Personal data
5.1 The Operator processes the following personal data of the Parker for the execution of the Reserved Parking booking:
a. the password provided by the Parker during the booking.
b. the personal details filled in by the Parker in the personal details page on the Website.
The statutory regulations as recorded in the Personal Data Protection Act will be complied with by the Operator.
5.2 The Operator processes the data referred to under 1 a of this article in order to provide the Parker with access to the Parking Accommodation. The data referred to under 1 under b of this article are processed by the Operator in the context of the completion of the Reserved Parking booking, including the payments and customer services.
5.3 If the Parker has objections to the collection by the Operator of personal data the Parker can make this known by sending an email to email@example.com. If the Parker wishes to change his/her data or wishes to remove his/her data from the Operator's files the Parker can also make use of this email address, or as the case may be can personally change or remove the data if this concerns data as referred to in article 5.5.
5.4 The Parker can save his/her personal details in a database through a special login module in the “manage my reservation”- option on the Website, in order for the Parker not to have to enter his/her data again for following bookings.
5.5 The Parker can at any time change or remove the saved personal details through a special login module “manage my reservation”- option on the Website.
5.6 The Operator has contracted out dealing with the Parkers' credit card transactions to Multisafepay B.V. The Parkers’ personal data that is necessary for processing the credit card transactions can therefore be made available by the Operator to Multisafepay B.V. Multisafepay B.V. will process this data in its capacity as processor on behalf of the Operator, which will be exclusively for dealing with the credit card transactions. Multisafepay B.V. will not provide this data to third parties other than the financial institutions for the chosen payment method. The name of Multisafepay B.V. can be stated in the bank or credit card statement of the Parker related to the above.
Article 6 - Personal promotional codes
The Operator can provide promotional codes to the users of Reserved Parking. The use of promotional codes is strictly personal and exclusively permitted for the purpose for which these have been issued, namely the acquiring a one-off reduction for a Reserved Parking booking. In the event of misuse of promotional codes the reduction provided by the Operator can be claimed back.