General conditions for season ticket holders

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General Terms and Conditions of Stabling Agreement for season ticket holders

Access to and use of the Parking Facility is granted exclusively under the application of the following conditions, which form part of each Parking Agreement concluded with Owner and continue to apply after termination of the Parking Agreement.

1 Definitions

Subscription
Subscription means the right to park a Vehicle in or on the Parking Facility on specified days and within specified times for a fee agreed in advance with Owner.

Subscriber:
Subscriber means the owner/user of a Vehicle, which is brought in or present in or on the Parking Facility.

Subscription Card:
Subscription Card means a person- and vehicle-related ID with which the customer can access one (or more) of Owner’s Parking Facilities. The Subscription Card is provided by Owner to the Contractor upon entering into the Parking Agreement. A Subscription Card is linked to a specifically defined Subscription.

Subscription Hours
Subscription Hours means the hours during which the Subscription is valid.

Contractor:
Contractor means the company or person who has entered into the Parking Agreement and makes arrangements with Owner regarding number of Subscriptions, validity of Subscription, term of agreement, termination of agreement, etc.

Owner:
Owner means the owner and/or manager and/or operator of the Parking Facility and/or their/their representative(s).

Parking Fee:
Parking Fee means the fee payable by Subscriber or Contractor for the use of the Parking Facility. Parking fees can concern both the agreed fee for the Subscription and also the fee for additional hours parked outside the agreed Subscription hours. The latter are settled at the applicable short-stay parking rate.

Parking Facility:
Parking Facility means the car park and/or the car park with associated grounds and spaces.

Vehicle:
Vehicle means a passenger car in accordance with the Road Traffic Act.

Stray Space:
Stray Space means the right to a Parking Space. The Parking Spot itself may vary per parking action and refers to any parking space in/on the parking facility available at that time.

Stabling agreement:
A stabling agreementis an agreement used when renting a parking space for a vehicle. This agreement records the agreements between the lessor (the owner of the parking space or storage) and the tenant (the person who rents the parking space or storage).

2 Stabling agreement

2.1 A Parking Agreement between Owner and Contractor can be concluded in writing or via digital channels (such as a website or e-mail). The Parking Agreement specifies at least the number of Subscriptions taken by the Contractor, the Parking Facility for which they are valid, the days/hours for which access rights are granted and the fee payable by the Contractor.
2.2 If the Contractor is a company, the use of the Subscriptions belonging to the Parking Agreement may be transferred by the Contractor to an employee of the Contractor, which employee is thereby the Subscriber. Transfer of a Subscription or the use of the Subscription Card to a non-employee is not permitted under any circumstances, regardless of whether such transfer is temporary or not.
If Subscriber is a party other than the Contractor, upon transfer, the Contractor shall have the Subscriber sign these general terms and conditions for agreement.
2.3 The Contractor is responsible and liable for the consequences arising from the Parking Agreement and the Subscriber’s use of the Parking Facility. The Contractor shall indemnify Owner against any damage and costs caused by Subscriber, if Subscriber is not bound by the Terms and Conditions or fails to fulfil its obligations under these Terms and Conditions for any other reason.
2.4 The Contracting Party shall not be allowed to rent out its right or give it to a third party for use. The Contracting Party may not assign the Parking Agreement to third parties.
2.5 A Roaming Space in/on the Parking Facility is provided to the Subscriber. The Owner’s obligation does not include guarding the Vehicle.

3 Duration of the agreement

3.1 The Stabling Agreement is deemed to have been entered into for a minimum period of 3 months, after which it will be tacitly extended by 1 month at a time, unless otherwise agreed.
3.2 Both parties are entitled to terminate the Stabling Agreement subject to a notice period of 1 month for the first time by the end of the first term of 3 months and thereafter by the end of each month. Notice of termination shall be given in writing.
3.3 Upon entering into the Parking Agreement, the Owner shall provide the Subscriber with the Subscription Card or any other means of access required to use the relevant Parking Facility. If this pass is lost or becomes lost, the Subscriber is obliged to report this to the Owner. For the issue by the Owner of a new Subscription Card, the Subscriber shall owe a fee of €25 (in words: twenty-five euros).
3.4 The Subscription Card must be returned within five working days after termination of the Subscription. If the Subscriber fails to return the Subscription Cards just referred to to the Owner for 5 (in words: five) working days after the termination of the agreement, the deposit paid by the Contracting Party for that Subscription Card will be forfeited to Owner(deposit if applicable).
3.5 If the Contracting Party concluded the Parking Agreement via the Owner’s website, the statutory cooling-off period applies. The Contracting Party is entitled to revoke the Agreement during this statutory period without giving reasons. At the express request of the Contracting Party, the Owner shall start providing its services already during this statutory cooling-off period. If the Contracting Party makes use of his/her right of withdrawal, the Contracting Party shall owe the Parking Fee and the administration fee for the period of use of the service provided.

4 Payment

4.1 The Parking Fee due, as agreed in the Parking Agreement, is payable by invoice.
4.2 Payment for additional parked hours outside the Subscription Hours is made at the applicable short-term parking rates. If the Contractor and Owner have not made specific arrangements regarding settlement of the use of the Parking Facility outside the Subscription Hours, such additional parked hours must be paid before leaving the Parking Facility via the parking equipment present at the Parking Facility.

5 Rate change

5.1 Owner is entitled to adjust the rates at all times, including for current Stalling Agreements. In that case, the Subscriber will receive written notice thereof at least 1 calendar month before the effective date of the adjusted rates.
5.2 The Contractor is authorised to terminate the Parking Agreement in writing in the event of rate changes by the date on which they are announced.

6 Non-payment

6.1 If the Subscriber fails to pay the amount due by the agreed due date, the Subscriber shall, without any demand or notice of default being required, owe 1% interest on the overdue Parking Fee for each month or part of the month in which payment was not made.
6.2 From the second reminder, Subscriber shall also owe €10.00 (in words: ten euros) in collection costs.
6.3 If, in the event of non-payment of Parking Fees, collection measures are necessary, the extrajudicial collection costs between the parties shall be set in advance at 15% of the unpaid principal sum, with a minimum of € 40.
6.4 In the event of late payment of the amount due, Owner shall be entitled to deny Subscriber access to the Parking Facility and block the Subscription Card until Subscriber has fulfilled all its obligations, without prejudice to any other rights arising for Owner from the non-payment.

7 Access

7.1 The Subscriber accesses the Parking Facility using a Subscription Card or license plate recognition or any other access ticket provided by the Owner. The Subscription Card is the property of the Subscriber during the Parking Agreement and is not transferable. Other access tickets remain the property of the Owner, are not transferable and must be returned to the Owner upon termination of use or the Parking Agreement.
7.2 The entry and exit and parking of Vehicles in the Parking Facility can only take place within the Subscription Hours set out in the Parking Agreement. Outside these times, access using the means referred to in the first paragraph is not possible and/or the normal short-term parking rate applies.
7.3 If opening hours apply to the Parking Facility, the Owner is entitled, after notifying the Subscriber, to change the opening hours for longer or indefinite periods.
7.4 A Subscription Card is equipped with a so-called anti-pass-back system. This means that only one Vehicle can be present in the Parking Facility per Subscription. Once entered, the Subscription Card then only works when exiting and vice versa.
7.5 The Car Park may only be used for parking a Vehicle.
7.6 The Owner is entitled to refuse any Vehicle access to the Parking Facility if the Owner considers this desirable with due regard for reasonableness and fairness. This will in particular be the case if the Owner knows or suspects that a vehicle is carrying explosive or other hazardous substances, not including motor fuels in the vehicle’s reservoir intended for this purpose, and if the Owner is of the opinion that the vehicle, in view of its size and/or weight or the items it is carrying, could cause damage to the surrounding area in the broadest sense.
7.7 Vehicles parked in the Parking Facility must comply with the same conditions as Vehicles parked on public roads. The Road Traffic Act and the Road Traffic and Traffic Signals Regulations also apply in or on the Parking Facility. A maximum speed of 10 km/h applies in the Parking Facility, unless a different speed is indicated on site. Pedestrians have priority over Vehicles at all times.
7.8 Only passenger cars and commercial vehicles with a maximum length of 5.25 metres and a maximum width of 2.50 metres may be parked in the Parking Facility. The height of the Vehicles may not exceed that indicated at the entrance to the Parking Facility.
7.9 It is not permitted to drive and/or have trailers of any kind, including caravans, into or onto the Parking Facility.

8 Use of parking facility

8.1 During their presence in/on the Parking Facility, the Subscriber must act in accordance with the provisions of the Road Traffic Act, the additional rules laid down under this Act, the Road Traffic and Traffic Signals Regulations and the appendices thereto, as well as the additional rules laid down under these regulations. In the event of non-compliance, the Subscriber shall be liable for any resulting damage.
8.2 The Subscriber is furthermore obliged to follow any instructions of the Owner’s personnel, to place the Vehicle in the place indicated or to be indicated and to behave in such a way that traffic in and/or near the Parking Facility is not hindered and safety is not endangered.
8.3 The Owner’s staff is entitled, if in their judgement necessary, to move Vehicles within the Parking Facility and/or remove or cause to be removed any Vehicle from the Parking Facility, without this leading to any liability for the Owner or the staff. In assessing the need to move and/or remove, the staff shall exercise reasonableness and care.
8.4 The Vehicles must be properly locked during parking and the lights extinguished. After the Vehicle has been parked, the occupants must leave the Vehicle and the Parking Facility.

9 Nuisances/restrictions on use

9.1 Vehicles may only be parked in the designated parking spaces in the Parking Facility. Parking spaces reserved for specific target groups (such as disabled persons, motorbikes, (electric) charging point or license plate parking) may only be used by the specific target group.
9.2 It is prohibited to park outside the designated parking spaces. If a Vehicle is parked such that the use of an adjacent parking space is blocked Owner is entitled to charge Subscriber the missed Parking Fees over this adjacent parking space.
9.3 It is forbidden to:
- - a. introducing or having explosive, flammable or otherwise hazardous and/or noxious substances in or on the Parking Facility, excluding motor fuels in the normal fuel tank of the Vehicle provided for this purpose;
  - b. pollute the Parking Facility by depositing or leaving rubbish or waste or by spilling liquids including oil;
  - c. in or on the Parking Facility to smoke, light fires or build an open fire;
  - d. consuming alcohol, using or dealing in narcotics in or on the Parking Facility;
  - e. advertising or other types of signs in or on the Parking Facility;
  - f. in or on the Parking Facility to carry out or cause to be carried out any repairs to the Vehicle or other work unless expressly authorised by or on behalf of the Owner.
  - g. passing directly behind another Vehicle under the barrier without the barrier having been closed in between (‘train driving’).
9.4 If Subscriber acts in breach of Article 9.3, Owner shall be entitled to deny Subscriber access to the Parking Facility with immediate effect and to terminate the Subscription or the Parking Agreement with immediate effect without prejudice to any other rights for Owner arising from the breach.
9.5 The parked Vehicle can only be collected from the Parking Facility during its opening hours.
9.6 The maximum parking period is 4 weeks, unless otherwise agreed in writing. If Subscriber exceeds this period, Owner is authorised to move the Vehicle or have it removed entirely from or from the Parking Facility. The costs of such removal and temporary storage shall be borne by the Subscriber.

10 Non-performance attributable failure

10.1 If Subscriber and/or Contracting Party fails to comply with any obligation under the law, local regulations and customs or the Parking Agreement entered into with him/her, including the terms and conditions applicable thereto, Subscriber and/or Contracting Party shall be obliged to compensate Owner for all damage suffered or to be suffered by it as a result of the aforementioned negligence.
10.2 If Owner is compelled to issue a summons, notice of default or other writ to Subscriber and/or Contractor or in the event of necessary proceedings against Subscriber, Subscriber and/or Contractor shall be obliged to reimburse Owner for all costs incurred for this purpose, both the costs of legal expert assistance, both in and out of court. The extrajudicial collection costs between the parties shall be set in advance at 15% of the unpaid principal sum with a minimum of €250 (in words: two hundred and fifty euros).
10.3 Owner is at all times entitled to retain the Vehicle, as long as all that it owes either under the Parking Agreement or on any other account to the parker has not been paid.
10.4 If the Subscriber has left a Vehicle in the Parking Facility and despite written request or summons from the Owner (for whatever reason) refuses or is unable to remove the abandoned Vehicle, the Owner shall be entitled to remove or arrange for the removal of the abandoned Vehicle from or from the Parking Facility as from 14 days after sending the request or summons and store it elsewhere. If the Subscriber has not collected the Vehicle within 3 months from the date of dispatch of the request or summons, the Owner shall be entitled to sell or destroy the Vehicle. The Owner shall then only be obliged to reimburse the sale proceeds less the Parking Fee due, any fine and the Owner’s costs in connection with removal and temporary storage of the Vehicle to the Parking User. If the Parking Fee due, the Owner’s costs and any fine exceed the proceeds from the sale of the vehicle, Subscriber or Contractor shall pay all such costs to the Owner.
10.5 If the Subscriber does collect the Vehicle within 3 months of the date of dispatch of the request or summons, the Subscriber or Contractor shall be obliged to reimburse the Owner for the Parking Fee due, any fine and the Owner’s costs in connection with removal and temporary storage of the Vehicle.

11 Liability

11.1 The Parking Agreement concluded between the parties does not include security. Owner therefore does not accept any liability for theft or loss of property and belongings of Subscriber. Owner further accepts no liability for any damage whatsoever to the Subscriber’s property and belongings as well as in respect of
bodily injury and/or any other damage caused directly or indirectly by or as a result of using the Parking Facility, unless the damage was caused directly by the Owner and/or the staff of the Parking Facility and such liability is not excluded in any other article of these General Terms and Conditions or the Parking Agreement, in which respect the Owner’s liability is in any event limited to the amount the Owner is entitled to claim under its (business) liability insurance. Subscriber here includes other occupants of his/her Vehicle.
11.2 Owner is not liable to Subscriber and/or Contracting Party if there is force majeure as a consequence of which fulfilment of the obligations under the Parking Agreement can no longer reasonably be required of Owner by Subscriber and/or Contracting Party. Force majeure includes in any case, but is not limited to, strikes, fire, operational failure, technical malfunctions, government measures as well as failure to perform by third parties.
11.3 If Owner can invoke the provisions of Article 11.1 and Article 11.2, its employees and/or staff of the Parking Facility, if any, may also invoke them, as if they themselves were parties to the Parking Agreement between Owner and Subscriber.
11.4 The Subscriber is liable for all damage, nuisance and inconvenience caused by him/her. Damage caused by the Subscriber to the Parking Facility or related equipment must be compensated on the spot or must be reimbursed by the Subscriber after an assessment of the damage has been made by the Owner, without prejudice to the provisions of Article 10.

12 Personal data

12.1 Insofar as personal data are processed when entering into the Parking Agreement or when using the Parking Facility, such personal data shall be processed in a proper and careful manner, in accordance with the General Data Protection Regulation.
12.2 Technical and organisational measures will be taken to protect the personal data against loss or any other form of unlawful processing, taking into account the state of the art and the nature of the processing.
12.3. When using the Parking Facility, license plate recognition can be used. In that case, the license plate will be registered in the PMS when entering/entering. The license plate can be registered, among other things, to locate Motor Vehicles, determine the Parking Period, calculate Parking Fees and combat criminal crimes and violations.

13 Other provisions

13.1 These general terms and conditions shall apply from 1 February 2025 and replace all previous general terms and conditions belonging to Storage Agreement for Subscribers. Owner is entitled to unilaterally amend these general conditions. The most recent version of the general conditions will always be published on the website.
13.2 Should the Contracting Party not wish to agree to a change, the Contracting Party may terminate the Parking Agreement in writing by the date the change takes effect.
13.3 The applicability of any other general terms and conditions used by the Subscriber or which may be referred to by the Subscriber is hereby expressly rejected.
13.4 Arrangements or agreements with employees of Owner shall not bind Owner, unless confirmed by Owner in writing.
13.5 Dutch law shall apply to this Storage Agreement.
13.6 If and insofar as it is held that any provision of these general terms and conditions is void or voidable or it is held that any provision does not apply because it would be unacceptable according to standards of reasonableness and fairness in the given circumstances, as a result of which Owner cannot invoke it, that provision shall in any event be accorded a corresponding meaning as far as possible in terms of content and purport, so that it can be invoked.
13.7 All written communications, including summonses, arising out of or related to the Stabling Agreement and General Terms and Conditions should be sent to:

Heerlen Parkeerexploitatie BV
p/a Prinses Magrietlaan 1
6301 LV Valkenburg
info@whitelbl.nl

14 Administrator

The administrator of the sites is:

Whitelbl. BV
Prinses Magrietlaan 1
6301 LV Valkenburg
info@whitelbl.nl