central parking

Terms and conditions

General terms and conditions

GENERAL TERMS AND CONDITIONS – Valet Parking

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

Parkinclusive Global bv: the private limited liability company
Customer: the natural person, legal entity or partnership that wishes to use the services of Parkinclusive Global bv and hereby enters into an agreement with Parkinclusive Global bv
Agreement: the agreement established between the customer and Parkinclusive Global bv.
Service: the performance of the agreement with Parkinclusive Global bv, namely the provision of (valet) parking services

Website: the websites of Parkinclusive Global bv: centralparking.nl and www.bijschipholparkeren.nl, as well as through a website of resellers of Parkinclusive Global bv

Vehicle: the motor vehicle that customer gives into the custody of Parkinclusive Global bv or parks / allows to be parked on premises owned by Parkinclusive Global bv

Article 2 – Scope of application

These general terms and conditions apply to all offers, quotations and agreements of Parkinclusive Global bv and the customer, expressly excluding the applicability of any general terms and conditions used by the customer.
Deviation from these general terms and conditions is only possible if agreed in writing between the parties in the agreement. These terms and conditions also apply to all agreements with Parkinclusive Global bv whereby third parties are engaged by Parkinclusive Global bv for the execution.
The invalidity and/or voidability of one or more provisions, as included in these general terms and conditions, does not affect the validity of the other provisions in these general terms and conditions which are not invalid or void. The parties shall at that time consult to agree on new provisions to replace the void or voidable provisions, whereby, if and insofar as possible, the purpose and purport of the original provision shall be observed.

Article 3 – The conclusion of the agreement

Agreements are concluded at the moment the customer accepts the offer of Parkinclusive Global bv by registering on the website or at the moment the customer accepts the order confirmation sent by Parkinclusive Global bv, except for the situation where, due to a disruptive circumstance, the customer was unable to approve the order confirmation and/or Parkinclusive Global bv has actually executed the agreement and this is or should have been known to the customer.
Any offer to the customer made in any form by Parkinclusive Global bv is in any respect always without obligation and can be revoked by Parkinclusive Global bv within five working days, after acceptance by the customer. Verbal offers made by Parkinclusive Global bv are not binding unless confirmed in writing by Parkinclusive Global bv.
The customer and/or third parties cannot derive any rights from possible typing and/or printing errors in offers made by Parkinclusive Global bv.

Article 4 – Booking website

If the customer accepts the offer of Parkinclusive Global bv by booking on the website, an agreement is concluded at that moment, unless Parkinclusive Global bv does not accept the customer’s booking, communicating this to the customer, without Parkinclusive Global bv being obliged to communicate reasons to the customer.
Bookings via the website can be made up to 1 hour before the service to be performed. Bookings within 1 hour before the service to be performed can only be made by telephone, after which the customer will receive a confirmation e-mail to be agreed by him/her.
Registration on the website is only possible after the customer has indicated to have received these general terms and conditions and to agree to their content.
Customer is obliged to fill in his/her details requested for the booking completely truthfully. Customer is over 18 years of age.
After booking, the customer will receive a confirmation e-mail from Parkinclusive Global bv. If the details are incorrect and/or incomplete in the confirmation e-mail, the customer must report this in writing in the period up to 24 hours before the performance of the service.
By registering on the website, the customer agrees that his/her (personal/address) data will be stored by Parkinclusive Global bv and that the data may be used for sending offers and news from Parkinclusive Global bv. The customer may opt out of this by sending an e-mail to info@centralparking.nl.

Article 5 – Execution of agreement

Parkinclusive Global bv shall endeavour to perform the agreement to the best of its knowledge and ability, in accordance with what may be expected in the context of the task assigned to Parkinclusive Global bv and shall exercise all due care in performing the service. The commitment on the part of Parkinclusive Global bv is an obligation to use best efforts, not an obligation to achieve a result.
Parkinclusive Global bv and customer must inform each other at all times of circumstances and developments, of which the other must be aware in view of the proper performance of the agreement. The customer guarantees the soundness and completeness of the data made available to Parkinclusive Global bv by him/her or at his/her request by a third party.
The Customer shall always give Parkinclusive Global bv the opportunity to properly perform the service, including providing information requested and/or relevant by Parkinclusive Global bv.
Parkinclusive Global bv is entitled to have certain activities carried out by third parties without requiring the customer’s consent. The customer is not entitled to have work carried out itself or by third parties, which belong or could belong to the assignment to Parkinclusive Global bv.

Article 6 – Parking, returning and collecting the vehicle

At the time of entering into the agreement, the customer is required to notify Parkinclusive Global bv of the vehicle’s drop-off and pick-up time. Changing these dates and times is possible up to 24 hours before performance of the service. In the event of unforeseen circumstances, such as a change in flight times, the customer must notify Parkinclusive Global bv in writing, by e-mail to info@centralparking.nl or by telephone, of these circumstances as soon as possible prior to performance of the service.
The Customer is obliged to inform Parkinclusive Global bv by telephone at the telephone number provided by Parkinclusive Global bv 25 minutes before the desired performance of the service that Parkinclusive Global bv is to take delivery of the vehicle at the desired time.
Parkinclusive Global bv shall then endeavour to take delivery of the vehicle at the desired time. However, Parkinclusive Global bv is permitted to exceed this time by a maximum of 30 minutes. This does not apply in the event of force majeure or unforeseen circumstances, such as delays in flight times and/or (start-up) defects to the vehicle and/or traffic conditions whether or not due to government measures.
Parkinclusive Global bv shall take a vehicle into custody if payment has been made in accordance with the reservation. If payment has not yet been made, the customer must still fulfil this obligation by paying by PIN or cash when returning the vehicle. If no payment has been made, Parkinclusive Global bv will not take the vehicle into custody.
All employees of Parkinclusive Global bv have a pass from Parkinclusive Global bv. The customer is responsible for checking this pass and returning the vehicle to the employees of Parkinclusive Global bv.
Customer must immediately inspect the vehicle at the time he/she returns it for possible damage or changes compared to the time the vehicle was returned. If there is any damage to the vehicle, the customer must note this (or have it noted) on the receipt form to be signed by him/her, failing which the customer loses his/her rights to complain and/or claims on account of possible damage towards Parkinclusive Global bv. Due to the circumstances at the departure gate and the work already to be carried out by Parkinclusive Global bv employees, it is not possible to carry out a detailed damage intake. Customer must therefore take its own images of the vehicle at the handover and provide these when reporting a possible damage as proof that the reported damage was not present when the vehicle was returned. Images not taken at the airport will not be accepted as proof. Please note that Parkinclusive Global bv is only liable for damage to vehicles subject to the provisions of Article 10 of these General Terms and Conditions.
When taking delivery of the vehicle, the Customer must be able to show his/her part of the agreement and proof of identity to the employee of Parkinclusive Global bv. Parkinclusive Global bv is entitled to make a photocopy of this proof of identity. If the customer cannot show proof of identity, Parkinclusive Global bv is entitled not to return the vehicle to the customer until the customer can identify himself.
The customer is entirely responsible for any parking fine due to exceeding the indicated parking time and/or return time by more than 30 minutes. Parkinclusive Global bv therefore accepts no responsibility and is not liable for any compensation.

Article 7 – (Other) obligations of the customer

Customer is obliged to insure the vehicle hull/all-risk and keep it insured during the agreement, unless the customer can prove that the vehicle is not hull/all-risk insurable.
Customer is bound:
ensure that all equipment (electronics) in the vehicle is switched off at the time he/she returns the vehicle to Parkinclusive Global bv. If the customer’s vehicle does not function / does not start during the period of custody this shall be entirely at the customer’s expense and risk
verify the identity of the employee of Parkinclusive Global bv when returning the vehicle by showing his/her card. If the customer hands over the vehicle to a person who has not presented a driver card, this shall be entirely at the customer’s expense and risk.
do not leave valuables in the car

Article 8A – Complaints

Complaints regarding the performance of the service must be reported by the customer on the receipt form to be signed by him/her upon return of the vehicle, failing which the customer shall process his/her rights to complain and/or make claims regarding possible complaints against Parkinclusive Global bv.
Parkinclusive Global bv will respond to the complaint in writing within 14 days of signing the receipt form by sending a response to the email address provided by the customer.
If complaints are justified, in the opinion of Parkinclusive Global bv, Parkinclusive Global bv shall offer the customer such compensation as Parkinclusive Global bv deems reasonable, which compensation shall never exceed the amount paid by the customer to Parkinclusive Global bv for the performance of the service.

Article 8B – Complaints procedure

For the purposes of this Complaints Procedure, the following definitions shall apply:

a. Complainant, the natural or legal person filing a complaint. Complainant may be:

– the customer

– a representative on behalf of the client

– relative(s) of a deceased customer

b. Complaint, A complaint may be:

– an expression of dissatisfaction with the service

– a liability claim for damages suffered

c. Dispute, a complaint that has not been resolved to the satisfaction of the complainant after being dealt with in accordance with these regulations and the customer does not resign from it.

d. Judgement, a written response containing an opinion or communication on a complaint from on behalf of the parking provider. Such judgment may be preliminary or final in nature.

Objectives of the Complaints Procedure

The Complaints Procedure aims to:

provide effective and low-threshold reception and handling of dissatisfaction and complaints, aimed at resolving the complaint;
improving, if necessary, the quality of the company’s services;

Submission of expression of dissatisfaction and/or a complaint

1. The complainant first turns to the service provider (legal entity) in case of complaints.

2. The complainant or his/her representative shall submit the complaint in writing/email directly to the company.

3. The company will contact the complainant within two weeks of receiving the complaint. If the contact does not lead to an adequate resolution of the complaint, the complainant or his/her representative will be informed of the possibility of referring it to the foundation’s disputes committee.

4. The company and the complainant or his representative will try to reach a satisfactory solution by mutual agreement.

Admissibility
1. The complainant’s complaint will be declared inadmissible if:
2. a complaint does not concern a service provided.
3. a complaint is filed by a person other than the circle of persons entitled to file a complaint under Article 1 of the Complaints Procedure.
4. If the complaint concerns others than the company.

Complaint handling

After receiving the written complaint, the company will contact the complainant to determine, in consultation with the complainant, how best to handle the complaint.
In handling the complaint, the company’s handler will apply adversarial procedures.
The complainant will be kept informed in writing by the complaints officer about the progress of the complaint handling.
If the handler deems it necessary to reach a resolution of the complaint, an external party, e.g. an expert, damage expert, may be called in.
At the end of the complaint handling process, the complainant will receive a letter and/or e-mail from the company stating the reasons for the outcome of the investigation of the complaint, the decisions made about it and as a result of the complaint, and the time frame within which measures decided upon will be realised.

Deadlines

1. A complaint should be filed within two weeks after the complainant is aware or could reasonably have been aware that the company’s services could give rise to a complaint as referred to in the Complaints Procedure.

2. If it is a material damage (to or in the vehicle), the complainant should disclose this to the company without delay. In order to establish culpability towards the company¹⁾ .

3. If the deadline has passed, the complaint will still be considered, but the complainant will be asked to explain in writing why the complaint is not submitted without delay (material damage) or only after two weeks (service).

4. The company will have completed complaint handling within eight weeks.

5. If it proves impossible to reach a resolution of the complaint within the time limits set out in this article, the time limit may be extended by the company for as much longer as necessary provided the complainant has agreed to the extension in writing.

Disputes committee Parking Quality Assurance Foundation
1. If the complainant does not agree with the outcome of the complaint procedure and considers that the complaint has not been resolved, there is a dispute. The dispute can be submitted in writing to the Parking Quality Assurance Foundation.

Information

The company shall ensure that the scheme is made known to the general public, and customers in particular, inter alia by posting on its own website, providing leaflets and verbally pointing out the existence of the Complaints Procedure in the event of a complaint.

Cost

1. The complainant shall not incur any costs for the complaint handling as laid down in this Complaint Procedure.

2. If the complainant engages (legal) assistance in dealing with the complaint, the costs thereof shall be at the complainant’s own expense.

Confidentiality

1. The persons involved in complaint handling are obliged to maintain confidentiality with regard to (personal) data obtained, the confidential nature of which is known or must reasonably be considered to be known. This means that such data may not be disclosed to third parties.

2. An exception to the obligation of confidentiality (as referred to in this article paragraph 1) is allowed if a statutory regulation, a final court ruling or ex officio obligations require disclosure.

Processing personal data

1. The company’s responsible for recording the data.

2. The company qualifies as responsible within the meaning of the Personal Data Protection Act and will ensure careful handling of personal data obtained.

3. The personal data referred to in this article will be kept for a maximum of 2 years, after the handling of the complaint has been completed, unless there are compelling reasons to keep them longer.

Entry into force

The Grievance Procedure was adopted on 01-01-2020 and will come into effect from the aforementioned date.

Article 9 – Price and payment

The prices or rates applied by Parkinclusive Global bv for the service are listed on the website or in the confirmation e-mail sent by Parkinclusive Global bv to the customer, if the customer does not book via the website.
Payment must be made in Euro during the booking via the website or within 3 calendar days of receipt of the confirmation email to a bank account number designated by Parkinclusive Global bv. Bookings made within 24 hours prior to performance of the service will only be processed if payments are made within 2 hours of receipt of the confirmation e-mail from Parkinclusive Global bv to the customer.
Objections to the amount of the invoice do not suspend a payment obligation. The customer shall not be entitled to set off amounts owed by him/her to Parkinclusive Global bv against (possible) claims of the customer against Parkinclusive Global bv.
If invoices are not paid within the stipulated period, the customer will owe statutory interest under the law.
In case of liquidation, bankruptcy, attachment or suspension of payments of the customer or if the customer otherwise loses the free management or free disposal of its assets, the claims of Parkinclusive Global bv against the customer shall be immediately due and payable.
If Parkinclusive Global bv is forced to take measures due to non-payment by the customer in order to obtain payment, the associated extrajudicial costs shall be borne by the customer. The extrajudicial costs shall be determined on the basis of BIK scale.
Payment of a given sum of money shall first serve to pay expenses, then to pay the interest already due and finally to pay the principal sum and accrued interest, irrespective of whether other instructions are given by the customer at the time of payment.
If the customer returns later than planned or the term of the agreement is extended, the customer must notify Parkinclusive Global bv by e-mail, text message or telephone. An additional €12.50 per day will be charged to the customer by Parkinclusive Global bv. Earlier return than planned or shortening of the term of the agreement does not entitle the customer to a refund of an amount already paid by the customer and/or a reduction of an amount still to be paid by the customer.

Article 10 – Liability

Parkinclusive Global bv shall never be liable for the damage suffered by the customer if the customer has not reported this damage in time in accordance with the provisions of Article 6 of these general terms and conditions.
Parkinclusive Global bv shall never be liable for damage suffered by the customer, if such damage is compensated by the customer’s insurer.
Parkinclusive Global bv shall never be liable for damage the customer suffers or will suffer as a result of fire (foundation), (burglary) damage to the vehicle or theft or misappropriation of the vehicle the customer has placed in custody, unless the customer proves that the damage occurred during the period the vehicle was placed in custody, Parkinclusive Global bv did not exercise the care of a good custodian and the damage suffered by the customer is the result thereof.
Parkinclusive Global bv shall never be liable for damage suffered by third parties as a result of executing the agreement, unless there is intent or wilful recklessness on the part of Parkinclusive Global bv. Parkinclusive Global bv cannot be held liable for vehicle glass damage.
Direct damage means exclusively:

the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;
the reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.

Parkinclusive Global bv shall never be liable for indirect damages.
Parkinclusive Global bv shall never be liable for damage caused by incompleteness of or deficiency in the information provided by or on behalf of the customer.
If it turns out that the damage claimed by the customer was already present on the vehicle at the time it was returned to Parkinclusive Global bv, handling costs in the amount of Euro 78.68 (excluding VAT) will be charged in accordance with covenant regulation on handling costs (article 10 of the covenant).

Article 11 – Force majeure

The parties are not obliged to fulfil any obligation under the agreement if they are prevented from doing so as a result of a circumstance that is not attributable to fault and is not for their account by virtue of the law, a legal act or generally accepted practice.
In these general terms and conditions, force majeure on the part of Parkinclusive Global bv means, in addition to its definition in the law and case law, all external causes beyond the control of Parkinclusive Global bv which prevent Parkinclusive Global bv from fulfilling its obligations. This includes strikes by (sub)contractors or employees of Parkinclusive Global bv.
As soon as it is permanently impossible for Parkinclusive Global bv to fulfil its obligations due to the existence of the force majeure situation, each party has the right to terminate the agreement for the part not yet fulfilled, without the other party being liable for compensation.
Insofar as Parkinclusive Global bv has already performed the service at the time of the occurrence of force majeure, but has to discontinue its work earlier than the agreed period due to force majeure, Parkinclusive Global bv shall be entitled to invoice the customer separately for the part already performed or to be performed. The customer is obliged to pay this invoice as if it were a separate agreement.

Article 12 – End of the agreement / cancellation

Customer is entitled to terminate (cancel) the agreement free of charge up to 24 hours before the service is to be performed.
If customer cancels (cancels) in the period from 24 hours to the performance of the service, or customer does not appear at the agreed time (no show), he/she shall owe the full agreed fee.
Parkinclusive Global bv may terminate the agreement with the customer with immediate effect, without prejudice to Parkinclusive Global bv’s other rights under statutory provisions, if:
Customer has not paid the agreed fee at least 1 hour before the performance of the service;
Customer fails to comply with other obligations under the agreement, after Parkinclusive Global bv has given him/her notice of default and even after expiry of a reasonable (repair) period. For the purposes of this subsection, a notice of default is any communication which unambiguously indicates that Parkinclusive Global bv requires performance;
After the conclusion of the agreement Parkinclusive Global bv learns of circumstances that the customer will not fulfil the obligations;
Customer is declared bankrupt, is granted a suspension of payments, whether provisional or not, loses free management or free disposal of its assets due to seizure, receivership or otherwise, all this irrespective of whether the relevant court order has become irrevocable or Customer has offered a settlement outside bankruptcy or creditors;
Customer dies

Article 13 – Intellectual property rights

Parkinclusive Global bv owns all intellectual property rights to its word and image trademarks, trade names and domain names, as they (also) appear on its website (www.centralparking.nl). The Customer is not entitled to use, copy, reproduce and/or disclose these items unless Parkinclusive Global bv gives its prior written consent.

Article 14 – Indemnification

The Customer shall indemnify Parkinclusive Global bv against any claims by third parties, who suffer damage in connection with the execution of the agreement, the cause of which is attributable to parties other than Parkinclusive Global bv.
If Parkinclusive Global bv is sued by third parties on that account, the customer shall be obliged to assist Parkinclusive Global bv, both extrajudicially and judicially, and immediately do all that may be expected of him/her in that case. Should the customer fail to take adequate measures, Parkinclusive Global bv is entitled to do so itself without notice of default. All resulting costs and damage on the part of the customer and third parties shall be entirely at the expense and risk of the customer.

Article 15 – Applicable law and dispute resolution

All agreements which Parkinclusive Global bv concludes with customers are governed exclusively by Dutch law.
All disputes arising from agreements entered into by Parkinclusive Global bv with the customer or from other agreements concluded in execution thereof shall be heard by the competent court of the District Court of Amsterdam to the exclusion of any other court.
Apart from what is stipulated under article 15 paragraph 2 of these general terms and conditions, Parkinclusive Global bv reserves the right to sue the customer before the competent court of the customer’s place of residence or domicile.

GENERAL TERMS AND CONDITIONS – Shuttle Service

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

Parkinclusive Global bv: the private limited liability company.
Customer: the natural person, legal entity or partnership that wishes to use the services of Parkinclusive Global bv and hereby enters into an agreement with Parkinclusive Global bv.
Agreement: the agreement established between the customer and Parkinclusive Global bv.

Service: the performance of the agreement with Parkinclusive Global bv, namely the provision of (shuttle) parking services.

Website: the websites of Parkinclusive Global bv: centralparking.nl and www.bijschipholparkeren.nl, as well as through a website of resellers of Parkinclusive Global bv.
Vehicle: the motor vehicle that customer gives in custody to Parkinclusive Global bv or parks on premises owned by Parkinclusive Global bv.

Article 2 – Scope of application

These general terms and conditions apply to all offers, quotations and agreements of Parkinclusive Global bv and the customer, expressly excluding the applicability of any general terms and conditions used by the customer.
Deviation from these general terms and conditions is only possible if agreed in writing between the parties in the agreement. These terms and conditions also apply to all agreements with Parkinclusive Global bv whereby third parties are engaged by Parkinclusive Global bv for the execution.
The nullity and/or voidability of one or more provisions, as included in these general terms and conditions, does not affect the validity of the other provisions in these general terms and conditions which are not null or void. The parties shall at such time consult to agree on new provisions to replace the void or voidable provisions, whereby, if and insofar as possible, the purpose and purport of the original provision shall be observed.

Article 3 – The conclusion of the agreement

Agreements are concluded at the moment the customer accepts the offer of Parkinclusive Global bv by registering on the website or at the moment the customer accepts the order confirmation sent by Parkinclusive Global bv, except for the situation where, due to a disruptive circumstance, the customer was unable to approve the order confirmation and/or Parkinclusive Global bv has actually executed the agreement and this is or should have been known to the customer.
Any offer to the customer made in any form by Parkinclusive Global bv is in any respect always without obligation and can be revoked by Parkinclusive Global bv within five working days, after acceptance by the customer. Verbal offers made by Parkinclusive Global bv are not binding unless confirmed in writing by Parkinclusive Global bv.
The customer and/or third parties cannot derive any rights from possible typing and/or printing errors in offers made by Parkinclusive Global bv.

Article 4 – Booking website

If the customer accepts the offer of Parkinclusive Global bv by booking on the website, an agreement is concluded at that moment, unless Parkinclusive Global bv does not accept the customer’s booking, communicating this to the customer, without Parkinclusive Global bv being obliged to communicate reasons to the customer.
Bookings via the website can be made up to 1 hour before the service to be performed. Bookings within 1 hour before the service to be performed can only be made by telephone, after which the customer will receive a confirmation e-mail to be agreed by him/her.
Registration on the website is only possible after the customer has indicated to have received these general terms and conditions and to agree to their content.
Customer is obliged to fill in his/her details requested for the booking completely truthfully. Customer is over 18 years of age.
After booking, the customer will receive a confirmation e-mail from Parkinclusive Global bv. If the details are incorrect and/or incomplete in the confirmation e-mail, the customer must report this in writing in the period up to 24 hours before the performance of the service.
By registering on the website, the customer agrees that his/her (personal/address) data will be stored by Parkinclusive Global bv and that the data may be used for sending offers and news from Parkinclusive Global bv. The customer may opt out of this by sending an e-mail to info@centralparking.nl.

Article 5 – Execution of agreement

Parkinclusive Global bv shall endeavour to execute the agreement to the best of its knowledge and ability, in accordance with what may be expected in the context of the task assigned to Parkinclusive Global bv and shall exercise all due care in executing the service. The commitment on the part of Parkinclusive Global bv is an obligation to use best efforts, not an obligation to achieve a result.
Parkinclusive Global bv and customer must inform each other at all times of circumstances and developments, of which the other must be aware in view of the proper performance of the agreement. The customer warrants the soundness and completeness of the data made available to Parkinclusive Global bv by him/her or at his/her request by a third party.
The Customer shall always give Parkinclusive Global bv the opportunity to properly perform the service, including supplying information requested and/or relevant by Parkinclusive Global bv.
Parkinclusive Global bv is entitled to have certain activities carried out by third parties without requiring the customer’s consent. The customer is not entitled to have work carried out itself or by third parties, which belong or could belong to the assignment to Parkinclusive Global bv.

Article 6 – Parking, returning and collecting the vehicle

At the time of entering into the agreement, the customer is required to notify Parkinclusive Global bv of the vehicle’s drop-off and pick-up time. Changing these dates and times is possible up to 24 hours before performance of the service. In the event of unforeseen circumstances, such as a change in flight times, the customer must notify Parkinclusive Global bv in writing, by e-mail to info@centralparking.nl or by telephone, of these circumstances as soon as possible prior to performance of the service.

Customers should note that sufficient time should be taken for the Shuttle Service and its connection with the respective flight. In principle, a minimum time of 30 minutes is required after arrival at the car park itself, before the departure of transfer itself. Parkinclusive Global bv is therefore not liable for missing a flight and other consequential damages due to insufficient consideration by the customer of the respective connections. Waiting times occur and must be taken into account. As a guideline, park at least 3 hours before the departure of the aircraft and, in the summer period, at least 4 hours before the departure of the aircraft.

The Customer is obliged to inform Parkinclusive Global bv by telephone at the telephone number provided by Parkinclusive Global bv 25 minutes before the desired performance of the service that Parkinclusive Global bv is to take delivery of the vehicle at the desired time.
Parkinclusive Global bv shall then endeavour to take delivery of the vehicle at the desired time. However, Parkinclusive Global bv is permitted to exceed this time by a maximum of 30 minutes.
Parkinclusive Global bv shall take a vehicle into custody if payment has been made in accordance with the reservation. If payment has not yet been made, the customer must still fulfil this obligation by paying by PIN or cash when returning the vehicle. If no payment has been made, Parkinclusive Global bv will not take the vehicle into custody.
All employees of Parkinclusive Global bv have a Parkinclusive Global bv pass. Customer is responsible for checking this pass and returning the vehicle to Parkinclusive Global bv employees.
Customer must immediately inspect the vehicle at the time he/she returns it for possible damage or changes compared to the time the vehicle was returned. If there is any damage to the vehicle, the customer must note this (or have it noted) on the receipt form to be signed by him/her, failing which the customer loses his/her rights to complain and/or claims on account of possible damage towards Parkinclusive Global bv. Due to the conditions at the parking locations and the work already to be carried out by Parkinclusive Global bv employees, it is not possible to carry out a detailed damage intake. Customer must therefore take its own images of the vehicle at the handover and provide these when reporting a possible damage as proof that the reported damage was not present when the vehicle was handed in. Images not taken at the parking location will not be accepted as evidence. Please note that Parkinclusive Global bv is only liable for damage to vehicles subject to the provisions of Article 10 of these General Terms and Conditions.
When taking delivery of the vehicle, the Customer must be able to show his/her part of the agreement and proof of identity to the employee of Parkinclusive Global bv. Parkinclusive Global bv is entitled to make a photocopy of this proof of identity. If the customer cannot show proof of identity, Parkinclusive Global bv is entitled not to return the vehicle to the customer until the customer can identify himself.
The customer is entirely responsible for any parking fine due to exceeding the indicated parking time and/or return time by more than 30 minutes. Parkinclusive Global bv therefore accepts no responsibility and is not liable for any compensation.

Article 7 – (Other) obligations of the customer

Customer is obliged to insure the vehicle hull/all-risk and keep it insured during the agreement, unless the customer can prove that the vehicle is not hull/all-risk insurable.
Customer is bound:
Ensuring that all equipment (electronics) in the vehicle is switched off at the time he/she returns the vehicle to Parkinclusive Global bv. If the customer’s vehicle does not function / does not start during the period of custody this will be entirely at the customer’s expense and risk
When returning the vehicle, check the identity of the Parkinclusive Global bv employee by showing his/her card. If the customer hands over the vehicle to a person who has not presented a driver card, this shall be entirely at the customer’s expense and risk.
Do not leave valuables in the car.

Article 8A – Complaints

Complaints regarding the performance of the service must be reported by the customer on the receipt form to be signed by him/her upon return of the vehicle, failing which the customer shall process his/her rights to complain and/or make claims regarding possible complaints against Parkinclusive Global bv.
Parkinclusive Global bv will respond to the complaint in writing within 14 days of signing the receipt form by sending a response to the email address provided by the customer.
If complaints are justified, in the opinion of Parkinclusive Global bv, Parkinclusive Global bv shall offer the customer such compensation as Parkinclusive Global bv deems reasonable, which compensation shall never exceed the amount paid by the customer to Parkinclusive Global bv for the performance of the service.

Article 8B – Complaints procedure

In this Complaints Procedure, the following terms shall have the following meanings:
Complainant, the natural or legal person filing a complaint. Complainant may be:

– the customer

– a representative on behalf of the client

– relative(s) of a deceased customer

Complaint, A complaint may be:

– an expression of dissatisfaction with the service

– a liability claim for damages suffered

Dispute, a complaint that has not been resolved to the satisfaction of the complainant after being dealt with in accordance with these regulations and the customer does not resign from it.

Judgement, a written response containing an opinion or communication on a complaint from on behalf of the parking provider. Such judgment may be preliminary or final in nature.

Objectives of the Complaints Procedure

The Complaints Procedure aims to:

provide effective and low-threshold reception and handling of dissatisfaction and complaints, aimed at resolving the complaint;
improving, if necessary, the quality of the company’s services;

Submission of expression of dissatisfaction and/or a complaint

The complainant first turns to the service provider (legal entity) in case of complaints.
The complainant or his/her representative shall submit the complaint in writing/email directly to the company.
The company will contact the complainant within two weeks of receiving the complaint. If the contact does not lead to an adequate resolution of the complaint, the complainant or his/her representative will be informed of the possibility of referring it to the foundation’s disputes committee.
The company and the complainant or his representative will try to reach a satisfactory solution by mutual agreement.

Admissibility

The complainant’s complaint will be declared inadmissible if:
a complaint does not concern a service provided.
a complaint is filed by a person other than the circle of persons entitled to file a complaint under Article 1 of the Complaints Procedure.
If the complaint concerns others than the company.

Complaint handling

After receiving the written complaint, the company will contact the complainant to determine, in consultation with the complainant, how best to handle the complaint.
In handling the complaint, the company’s handler will apply adversarial procedures.
The complainant will be kept informed in writing by the complaints officer about the progress of the complaint handling.
If the handler deems it necessary to reach a resolution of the complaint, an external party, e.g. an expert, damage expert, may be called in.
At the end of the complaint handling process, the complainant will receive a letter and/or email from the company stating the reasons for the outcome of the investigation of the complaint, the decisions taken about and as a result of the complaint and the timeframe within which measures decided upon will be realised.

Deadlines

A complaint should be filed within two weeks after the complainant is aware or could reasonably have been aware that the company’s services could give rise to a complaint as referred to in the Complaints Procedure.
If it is a material damage (to or in the vehicle), the complainant should disclose this to the company without delay. In order to establish culpability towards the company¹⁾ .
If the deadline has passed, the complaint will still be considered, but the complainant will be asked to explain in writing why the complaint is not submitted without delay (material damage) or only after two weeks (service).
The company will have completed complaint handling within eight weeks.
If it proves impossible to reach a resolution of the complaint within the time limits set out in this article, the time limit may be extended by the company for as much longer as necessary provided the complainant has agreed to the extension in writing.

Reporting the material damage without delay is important to establish causality. After all, the damage may have occurred after the parking operator’s custody.

Disputes committee Parking Quality Assurance Foundation

If the complainant does not agree with the outcome of the complaint procedure and considers that the complaint has not been resolved, there is a dispute. The dispute can be submitted in writing to the Parking Quality Assurance Foundation.

Information

The company shall ensure that the scheme is made known to the general public, and customers in particular, inter alia by posting on its own website, providing leaflets and verbally pointing out the existence of the Complaints Procedure in the event of a complaint.

Cost

The complainant shall not incur any costs for the complaint handling as laid down in this Complaint Procedure.
If the complainant engages (legal) assistance in dealing with the complaint, the costs thereof shall be at the complainant’s own expense.

Confidentiality

The persons involved in complaint handling are obliged to maintain confidentiality with regard to (personal) data obtained, the confidential nature of which is known or must reasonably be considered to be known. This means that such data may not be disclosed to third parties.
An exception to the obligation of confidentiality (as referred to in this article paragraph 1) is allowed if a statutory regulation, a final court ruling or ex officio obligations require disclosure.

Processing personal data

The company s responsible for recording the data.
The company qualifies as responsible within the meaning of the Personal Data Protection Act and will ensure careful handling of personal data obtained.
The personal data referred to in this article will be kept for a maximum of 2 years, after the handling of the complaint has been completed, unless there are compelling reasons to keep them longer.

Entry into force

The Grievance Procedure was adopted on 01-01-2020 and will come into effect from the aforementioned date.

Article 9 – Price and payment

The prices or rates applied by Parkinclusive Global bv for the service are listed on the website or in the confirmation e-mail sent by Parkinclusive Global bv to the customer, if the customer does not book via the website.
Payment must be made in Euro during the booking via the website or within 3 calendar days of receipt of the confirmation email to a bank account number designated by Parkinclusive Global bv. Bookings made within 24 hours prior to performance of the service will only be processed if payments are made within 2 hours of receipt of the confirmation e-mail from Parkinclusive Global bv to the customer.
Objections to the amount of the invoice do not suspend a payment obligation. The customer shall not be entitled to set off amounts owed by him/her to Parkinclusive Global bv against (possible) claims of the customer against Parkinclusive Global bv.
If invoices are not paid within the stipulated period, the customer will owe statutory interest under the law.
In case of liquidation, bankruptcy, attachment or suspension of payments of the customer or if the customer otherwise loses the free management or free disposal of its assets, the claims of Parkinclusive Global bv against the customer shall be immediately due and payable.
If Parkinclusive Global bv is forced to take measures due to non-payment by the customer in order to obtain payment, the associated extrajudicial costs shall be borne by the customer. The extrajudicial costs shall be determined on the basis of BIK scale.
Payment of a given sum of money shall first serve to pay expenses, then to pay the interest already due and finally to pay the principal sum and accrued interest, irrespective of whether other instructions are given by the customer at the time of payment.
If the customer returns later than planned or the term of the agreement is extended, the customer must notify Parkinclusive Global bv by e-mail, text message or telephone. An additional €12.50 per day will be charged to the customer by Parkinclusive Global bv. Earlier return than planned or shortening of the term of the agreement does not entitle the customer to a refund of an amount already paid by the customer and/or a reduction of an amount still to be paid by the customer.

Article 10 – Liability

Parkinclusive Global bv shall never be liable for the damage suffered by the customer if the customer has not reported this damage in time in accordance with the provisions of Article 6 of these General Terms and Conditions.
2. Parkinclusive Global bv shall never be liable for damage suffered by the customer if such damage is compensated by the customer’s insurer.
3. Parkinclusive Global bv shall never be liable for damage the customer suffers or shall suffer as a result of fire (foundation), (burglary) damage to the vehicle or theft or misappropriation of the vehicle the customer has placed in custody, unless the customer proves that the damage occurred during the period the vehicle was placed in custody, Parkinclusive Global bv did not exercise the due care of a good custodian and that the damage suffered by the customer is the result thereof.
4. Parkinclusive Global bv shall never be liable for damage suffered by third parties as a result of executing the agreement, unless intent or wilful recklessness on the part of Parkinclusive Global bv applies. Parkinclusive Global bv cannot be held liable for vehicle glass damage.
5. Direct loss is understood to mean exclusively:

the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;
the reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.

Parkinclusive Global bv shall never be liable for indirect damages.
Parkinclusive Global bv shall never be liable for damage caused by incompleteness of or defectiveness in the information provided by or on behalf of the customer.
If it turns out that the damage claimed by the customer was already present on the vehicle at the time it was returned to Parkinclusive Global bv, handling costs in the amount of Euro 78.68 (excl. VAT) will be charged in accordance with covenant regulation on handling costs (article 10 of the covenant).

Article 11 – Force majeure

The parties are not obliged to fulfil any obligation under the agreement if they are prevented from doing so as a result of a circumstance that is not due to fault and is not for their account by virtue of the law, a legal act or generally accepted practice.
In these general terms and conditions, force majeure on the part of Parkinclusive Global bv means, in addition to its definition in the law and case law, all external causes beyond the control of Parkinclusive Global bv which prevent Parkinclusive Global bv from fulfilling its obligations. This includes strikes by (sub)contractors or employees of Parkinclusive Global bv.
As soon as it is permanently impossible for Parkinclusive Global bv to fulfil its obligations due to the existence of the force majeure situation, each party has the right to terminate the agreement for the part not yet fulfilled, without the other party being liable for compensation.
Insofar as Parkinclusive Global bv has already performed the service at the time of the occurrence of force majeure, but has to discontinue its work earlier than the agreed period due to force majeure, Parkinclusive Global bv shall be entitled to invoice the customer separately for the part already performed or to be performed. The customer is obliged to pay this invoice as if it were a separate agreement.

Article 12 – End of the agreement / cancellation

Customer is entitled to terminate (cancel) the agreement free of charge up to 24 hours before the service is to be performed.
If customer cancels (cancels) in the period from 24 hours to the performance of the service, or customer does not appear at the agreed time (no show), he/she shall owe the full agreed fee.
Parkinclusive Global bv may terminate the agreement with the customer with immediate effect, without prejudice to Parkinclusive Global bv’s other rights under statutory provisions, if:
Customer has not paid the agreed fee at least 1 hour before the performance of the service;
Customer fails to comply with other obligations under the agreement, after Parkinclusive Global bv has given him/her notice of default and even after expiry of a reasonable (repair) period. For the purposes of this subsection, a notice of default is any communication which unambiguously indicates that Parkinclusive Global bv requires performance;
After the conclusion of the agreement Parkinclusive Global bv learns of circumstances that the customer will not fulfil the obligations;
Customer is declared bankrupt, is granted a suspension of payments, whether provisional or not, loses free management or free disposal of its assets due to seizure, receivership or otherwise, all this irrespective of whether the relevant court order has become irrevocable or Customer has offered a settlement outside bankruptcy or creditors;
Customer dies

Article 13 – Intellectual property rights

Article 14 – Indemnification

The Customer shall indemnify Parkinclusive Global bv against any claims by third parties, who suffer damage in connection with the execution of the agreement, the cause of which is attributable to parties other than Parkinclusive Global bv.
If Parkinclusive Global bv is sued by third parties on that account, the customer shall be obliged to assist Parkinclusive Global bv, both extrajudicially and judicially, and immediately do all that may be expected of him/her in that case. Should the customer fail to take adequate measures, Parkinclusive Global bv is entitled to do so itself without notice of default. All resulting costs and damage on the part of the customer and third parties shall be entirely at the expense and risk of the customer.

Article 15 – Applicable law and dispute resolution

All agreements which Parkinclusive Global bv concludes with customers are governed exclusively by Dutch law.
All disputes arising from agreements entered into by Parkinclusive Global bv with the customer or from other agreements concluded in execution thereof shall be heard by the competent court of the District Court of Amsterdam to the exclusion of any other court.
Apart from what is stipulated under article 15 paragraph 2 of these general terms and conditions, Parkinclusive Global bv reserves the right to sue the customer before the competent court of the customer’s place of residence or domicile.