General conditions for short-term parking

General conditions of short-term parking

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

1 Definitions

Owner:
Owner means the owner and/or operator and/or manager of the Parking Facility and/or their/their representatives.

Parking Ticket:
Proof of Parking means a registration number, entry ticket, value card, exit ticket, discount card, conference card, debit card, chip card, bank card, credit card or any other means that can be used or any action to be taken to gain access to the Parking Facility.

Car Park User:
The Car Park User is defined as the owner/user of a Vehicle, which is brought into or present at the Parking Facility.

Parking Fee:
Parking Fee means the fee payable by the Car Park User for the use of the Parking Facility.

Parking Facility:
Parking Facility means the car park and/or car park(s) with associated spaces.

Parking Space
Parking Space means any parking space on or in the Parking Facility.

Vehicle:
A Vehicle means a passenger car.

2 Parking agreement

  • 2.1 A Parking Agreement is deemed to have been concluded by the mere use of the Parking Facility. This is determined by the fact that the Park User is or has been on the premises belonging to the Parking Facility. 2.2 The Park User is provided with a random Parking Space in the Parking Facility. The Owner is not obliged to guard the Vehicle.
  • 2.2 The Park User is provided with a random Parking Space in the Parking Facility. The Owner is not obliged to guard the Vehicle.

3 Parking ticket

  • 3.1 A Vehicle will only be admitted to the Parking Facility if it has a valid license plate and/or after it has performed an action specified by the Owner, which enables the Owner to charge the Parking Fee to the User.

4 Parking fee

  • 4.1 The Parking Fee is calculated according to rates set by the Owner, as stated at the entrance or in the Parking Facility.
  • 4.2 The rates set by the Owner may be changed without further notice or notification.

5 Betaling

  • 5.1 The Parking Fee due must be paid before the Park User leaves the Parking Facility with his/her Vehicle, unless another arrangement has been made with the Owner. Payment of the Parking Fee due must be made exclusively in the currency in which the rate is expressed.

6 Access

  • 6.1 Vehicles may only enter and exit the Parking Facility during the opening hours determined by the Owner.
  • 6.2 Owner is entitled to refuse any Vehicle access to the Parking Facility if Owner deems this desirable with due observance of reasonableness and fairness. This case will occur in particular if Owner knows or suspects that a Vehicle is carrying explosives or other hazardous substances, not including motor fuels in the Vehicle’s designated reservoir, as well as if Owner is of the opinion that the Vehicle, given its size and/or weight, or the items it is carrying, could cause damage to the environment in the broadest sense.
  • 6.3 Vehicles parked in the Parking Facility must meet the same requirements as Vehicles parked on public roads. The Road Traffic Act and the Traffic Rules and Signs 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 always have priority over Vehicles.
  • 6.4 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. It is not permitted to drive into or onto the Parking Facility with trailers of any kind, including caravans, or to be present therein.

7 Use of parking facilities

  • 7.1 During the presence on the premises of the Parking Facility, the Park User must behave in accordance with the provisions of the Road Traffic Act, the additional rules laid down pursuant to this Act, the Traffic Rules and Traffic Signs Regulations and the appendices thereto, as well as the additional rules laid down pursuant to said regulations. In the event of non-compliance, the Park User is liable for any resulting damage.
  • 7.2 The Park User is furthermore obliged to follow the instructions of the Owner’s staff, to place the Vehicle in the indicated or to be indicated place and to behave in such a way that traffic in and/or near the Parking Facility is not hindered and safety is not endangered.
  • 7.3 The Owner’s staff is entitled, if this is deemed necessary by the staff, to move Vehicles within the Parking Facility or to have them moved or removed, without this leading to any liability for the Owner or the staff. The staff must exercise reasonableness and care when assessing the necessity of moving and/or removing.
  • 7.4 Vehicles must be properly locked and lights off while parked. After the Vehicle is parked, occupants must leave the Vehicle and the Parking Facility.

8. Hindrance/restrictions to use

  • 8.1 Vehicles may only be parked in the designated parking spaces in the Parking Facility. Parking spaces for specific target groups (such as disabled people, motorcycles, (electric) charging points or a license plate-related parking space) may only be used by the specific target group. The parking spaces for electric charging must be moved to another parking space in the Parking Facility after the vehicle battery is fully charged.
  • 8.2 It is prohibited to park outside the designated parking spaces. If a Vehicle is parked in such a way that the use of an adjacent Parking Space is blocked, the Owner is entitled to charge the Parker for the missed parking fees for this adjacent Parking Space.
  • 8.3 It is prohibited to:
    a. bring or have explosive, flammable or otherwise dangerous and/or harmful substances in or on the Parking Facility, with the exception of motor fuels in the normal fuel tank of the Vehicle intended for this purpose;
    contaminate the Parking Facility by depositing or leaving behind rubbish or waste or by allowing liquids, including oil, to drain away;
    • a. to smoke, light a fire or create an open fire in or on the Parking Facility;
    • b. to consume alcohol, use or trade in narcotics in or on the Parking Facility;
    • c. to place advertising or other indications in or on the Parking Facility;
    • d. to carry out or have carried out repairs to the Vehicle or other work in or on the Parking Facility unless express permission has been granted to do so by or on behalf of the Owner;
    • e. to drive directly behind another vehicle under the barrier without the barrier having been closed in the meantime (“driving in a train”).
  • 8.4 The parked Vehicle can be collected from the Parking Facility 24/7 (or if otherwise indicated).
  • 8.5 The maximum parking time is 4 weeks, unless otherwise agreed in writing.

9 Non-compliance attributable shortcoming

  • 9.1 If the Parking User fails to comply with any obligation imposed on him/her by law, local regulations and customs and/or the Parking Agreement concluded with him/her, including the terms and conditions applicable thereto, the Parking User is obliged to compensate the Owner for all damage suffered and to be suffered by the Owner as a result of the aforementioned negligence.
  • 9.2 If Owner is forced to serve a summons, notice of default or other writ on Parker or in the event of necessary proceedings against Parker, Parker is obliged to reimburse Owner for all costs incurred for this purpose, including the costs of legal assistance, both in and out of court.
  • 9.3 The Owner is at all times entitled to retain the Vehicle (‘right of retention’) as long as everything that he is entitled to claim from the Park User, either under the Parking Agreement or otherwise, has not been paid. If the Park User has left a Vehicle in the Parking Facility and, despite a written request or notice from the Owner (for whatever reason), refuses or is unable to remove the abandoned Vehicle, the Owner will be entitled to have the abandoned Vehicle removed from the Parking Facility from 14 days after the request or notice has been sent (if the Park User’s address cannot be traced despite reasonable efforts, a clearly visible request for removal under a windscreen wiper of the motor vehicle will suffice), and to store it elsewhere. If the Park User has not collected the Vehicle within 3 months after the date of dispatch of the request or notice, the Owner is entitled to sell or destroy the Vehicle. Owner is then only obliged to reimburse the proceeds of sale minus the Parking Fee due, any fine and the costs of Owner in connection with removal and temporary storage of the Vehicle to the Park User. If the Parking Fee due, the costs of Owner and any fine are higher than the proceeds of the Vehicle, Park User must pay all these costs to Owner.
  • 9.4 If the Park User does collect the Vehicle within 3 months of the date of dispatch of the request or notice, the Park User is obliged to reimburse the Owner for the Parking Fee due, any fine and the costs incurred by the Owner in connection with the removal and temporary storage of the Vehicle.

10 Liability

  • 10.1 The Parking Agreement concluded between the parties does not include security. The Owner therefore accepts no liability for theft or loss of property of the Parking User. Furthermore, the Owner accepts no liability for any damage whatsoever to the property of the Parking User, nor for bodily injury and/or any other damage, directly or indirectly caused by or as a result of the use of the Parking Facility, unless the damage is directly caused by or on behalf of the Owner and/or the staff of the Parking Facility and this liability is not excluded in any other article of these general terms and conditions, whereby the liability of the Owner is in any case limited to the amount to which the Owner can claim under his (business) liability insurance. The term ‘Parker’ here also includes other occupants of his Vehicle.
  • 10.2 Owner shall not be liable to the Parking User in the event of force majeure as a result of which compliance with the obligations under the Parking Agreement can no longer reasonably be expected of the Owner by the Parking User. Force majeure shall in any case include, but not be limited to, strikes, fire, operational disruptions, technical disruptions, government measures and a failure to comply by third parties.
  • 10.3 If the Owner can invoke the provisions of Article 10.1 and Article 10.2, any employees and/or personnel of the Parking Facility who may be held liable may also invoke this, as if they themselves were a party to the Parking Agreement between the Owner and the Park User.
  • 10.4 The Park User is liable for all damage, nuisance and inconvenience caused by him. Damage caused by the Park User to the Parking Facility or associated equipment and installations must be compensated on site or must be compensated by the Park User after the Owner has drawn up an expert report of the damage, all without prejudice to the provisions of article 9.

11 Personal data

  • 11.1 To the extent that personal data are processed when entering into the Parking Agreement or when using the Parking Facility, these personal data will be processed in a proper and careful manner, in accordance with the General Data Protection Regulation.
  • 11.2 Technical and organizational measures will be taken to protect 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 Privacy, personal data

  • 12.1. Owner/operator/manager ensures that it processes the personal data in accordance with the General Data Protection Regulation and related laws and regulations. The website https://parkerenmaankwartier.nl clearly states which personal data Heerlen Parkeerexploitatie BV processes and which guarantees it observes in doing so.
  • 12.2. In the Parking Facility, including at the entrance/exit, door readers and at the payment machines, video recording takes place to combat criminal offences and violations. The images will be deleted at the latest after the maximum statutory retention period has expired, if the Parking Fee has been paid and no criminal offences and violations have been recorded. The images may be provided to a competent body charged with combating criminal offences and violations in the Parking Facility.
  • 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/driving in. The license plate can be registered, among other things, to be able to find Motor Vehicles, to determine the Parking Period, to calculate Parking Fees and to combat criminal offences and violations.

13 Entrance ticket via reservation website (if applicable)

  • 13.1. The parker has the option to purchase an Admission Ticket via the Website and to reserve a parking space by means of the online booking form for the desired parking product. An Admission Ticket can be purchased in this way up to 15 minutes before the start of the reserved Parking Period and is subject to availability.
  • 13.2. The Park User can change or cancel the reservation via the ‘My reservation’ environment on the Website. If a cancellation is made no later than four hours before the start of the selected reservation period, the Park User will be refunded the paid Parking Fee. In the event of a different or later cancellation method, no refund will be made. With the express consent of the Park User, Whitelbl. BV will commence providing its services immediately after the purchase of the Admission Ticket via the Website.
  • 13.3. A purchased Access Ticket via the Website only provides the Park User with rights with respect to the reserved Parking Period. It is not possible to enter the Parking Facility at an earlier time. In the event that the Park User leaves the Parking Facility before the end of the reserved Parking Period, the validity of the Access Ticket will end and the Park User will not be entitled to a refund. Only a product that explicitly states the designation “Multi-entry” offers the possibility of entering and exiting in between. In the event of a later exit, the Park User must pay for the excess time, which is calculated using the PMS on the basis of the regular rate and on the basis of article 4 of these Terms and Conditions.

14 Other provisions

  • 14.1 These general terms and conditions apply from 1 February 2025 and replace all previous general terms and conditions pertaining to short-term parking with regard to the Parking Facility. Owner is entitled to unilaterally amend these general terms and conditions. The most recent version of the general terms and conditions is always published on the website www.
  • 14.2 The applicability of any other general terms and conditions used by the Parking User or to which the Parking User may refer is hereby expressly rejected.
    Agreements or agreements with employees of the Owner do not bind the latter, unless confirmed in writing by him/her.
  • 14.3 This Parking Agreement is governed by Dutch law. The competent court is the court in Roermond.
  • 14.4 If and to the extent that any provision of these general terms and conditions is deemed to be void or voidable or it is deemed that any provision is not applicable because it would be unacceptable in the given circumstances according to standards of reasonableness and fairness, as a result of which the Owner cannot rely on it, this provision will in any case be given a meaning that is as similar as possible in terms of content and scope, so that it can be relied on.
  • 14.5 All written notices, including notices, arising from or relating to this agreement and general terms and conditions must be sent to:

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

15 Administrator

The manager of both locations is:

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

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