1EASYPARK – GENERAL TERMS AND CONDITIONS FOR CONSUMERSEffective as of 25 July 20241 Applicability1.1 These general terms and conditions (the “General Terms and Conditions ”) apply when EasyParkB.V. (“EasyPark”), provides Services (as defined below) to natural persons (consumers)(the “Customer”) in the Netherlands.1.2 All Services are provided in accordance with mandatory law and in accordance with:• any individually agreed terms and conditions; and• these General Terms and Conditions.In case of deviation between the abovementioned provisions, they shall take precedent in theabovementioned order.1.3 The Services are directed to natural persons above 18 years of age.1.4 Section 17 includes special provisions governing the use of EasyPark services abroad.1.5 By registering with EasyPark (see section 3.2), the Customer agrees with and accepts to be bound bythese General Terms and Conditions, by which a binding agreement (the “Agreement”) arises. TheseGeneral Terms and Conditions form part of the Agreement between EasyPark and the Customer.1.6 If the Customer also has a business user account with EasyPark, EasyPark’s from time to timeapplicable general terms and conditions for business customers apply in applicable parts to theCustomer’s business related use of any services provided by EasyPark.1.7 If the Customer has authorised, permitted or otherwise made the Customer’s EasyPark accountavailable for someone else to use, the Customer bears full responsibility under the Agreement forsuch use (including, for the avoidance of doubt, the obligation to pay any accrued fees).2 Definitions2.1 In these General Terms and Conditions, and in connection with the Services, defined terms andexpressions shall have the meaning set forth below:“Additional Service” shall have the meaning set forth in section 3.1.1;“Agreement” shall have the meaning set forth in section 1.5;“App” means EasyPark’s Mobile phone application, as well as EasyPark’s applications as availablethrough other user interfaces (e.g., certain smart watches);“CameraPark” shall have the meaning set forth in section 4.1.2;“CameraPark System” shall have the meaning set forth in section 4.1.2;“Car App” means EasyPark’s application to be used in the infotainment system of certain types ofvehicles;“Charging Cost” means the price payable by the Customer in relation to a Charging Session,corresponding to and being calculated based on the length of the relevant Charging Sessionmultiplied with the charging price generally applied by the relevant P-operator or Partner in relationto the relevant Charging Station from time to time, which factors EasyPark does not have control
2over, and which may change from time to time – however the Charging Cost does not include anyEasyPark service fee that may be applicable in accordance with section 7 below;“Charging Service” shall have the meaning set forth in section 3.1.1;“Charging Session” means a single, continuous charging session ordered by the Customer using theEasyPark System, during which the Customer’s vehicle is charged at the relevant Charging Station;“Charging Station” shall have the meaning set forth in section 5.1.5;“Customer” shall have the meaning set forth in section 1.1;“EasyPark” shall have the meaning set forth in section 1.1;“EasyPark Card” means the pass, which EasyPark may provide to the Customer, and which isapplicable in relation to certain Parking Lots, provided that the relevant P-operator accepts suchpasses;“EastPark NL” shall have the meaning set forth in section 1.1;“EasyPark System” shall have the meaning set forth in section 3.1.1, i.e., EasyPark’s electronicsystem for modern parking and related services, which the Customer gains access to via the App, theCar App and/or the Website;“EP Country” shall have the meaning set forth in section 17.1;“EP Services” shall have the meaning set forth in section 17.1;“General Terms and Conditions” shall have the meaning set forth in section 1.1;“Licence Plate Number” means the official registration number or personal licence plate number, asthe case may be, of a vehicle, as set forth on the licence plates that are mounted to the vehicle;“Local EP Services” shall have the meaning set forth in section 17.2;“Login Credentials” shall have the meaning set forth in section 3.2.5;“Mobile phone” means a mobile phone or a tablet;“My Pages” shall have the meaning set forth in section 3.2.5;“Parking Cost” shall have the meaning set forth in section 4.1.7;“Parking Guidance Service” shall have the meaning set forth in section 3.1.1;“Parking Lot” shall have the meaning set forth in section 4.2.1;“Parking Service” shall have the meaning set forth in section 3.1.1;“Party” and “Parties” means EasyPark and/or the Customer;“Partner” means any partner, which EasyPark co-operates with or otherwise maintains a contractualrelationship with (however, excluding P-operators);“P-operator” means any parking operator (including cities), which EasyPark co-operates orotherwise maintains a contractual relationship with;“Product Package” shall have the meaning set forth in section 3.1.4;“Service/-s” shall have the meaning set forth in section 3.1.1; and“Website” means EasyPark’s website www.easyparknederland.nl.2.2 Definitions may also be found elsewhere in these General Terms and Conditions.
33 General Terms and Conditions for the Services3.1 General3.1.1 EasyPark provides an electronic system for modern parking (the “EasyPark System”), throughwhich EasyPark, in co-operation with P-operators and other Partners, enables Customers toadministrate parking of vehicles (the “Parking Service”) and to access additional related servicesthat may be made available (each an “Additional Service”), such as charging of electric vehicles (the“Charging Service”), receiving parking guidance (the “Parking Guidance Service”) and otherfunctions. The Parking Service and the Additional Services, as well as other services provided byEasyPark from time to time to consumer customers are jointly referred to as the “Services”. For theavoidance of doubt, EasyPark does not provide any parking locations, parking spaces, or facilities forcharging of electrical vehicles as such, nor does EasyPark perform any kind of enforcement services.3.1.2 The Services offered by EasyPark are often dependent upon, or provided in combination with,services offered by P-operators and Partners. Such third parties may have their own applicable rules,regulations and/or terms of service. The Customer is required to comply with such rules, regulationsand/or terms of service, as the case may be, in connection with its use of the Services and EasyPark isnot a party to the contractual relationship between the Customer and such third parties. EasyPark isnot responsible nor liable for the services offered by P-operators and Partners, or for providing suchapplicable rules, regulations and/or terms of service. Please contact the P-operator or Partner toreceive information in this regard.3.1.3 Some Services may be offered simultaneously and separate costs and fees for each Service may beapplicable and charged. For a more detailed description of the Services, reference is made tothe information provided on the Website and – if applicable – in the (Car) App.3.1.4 EasyPark offers a selection of product packages (each a “Product Package”) including the ParkingService and Additional Services, if applicable, whose contents, certain information on prices and anyspecial terms and conditions, are described on the Website and – if applicable – in the (Car) App.Restrictions may apply with regard to the Product Packages (for example regarding the number oflicense plates that can be registered in the App / under a subscription).3.2 Access to the Services, registration data, etc.3.2.1 A pre-condition for the Customer to gain access to the Services is that the Customer registers as auser with EasyPark. EasyPark reserves the right to reject an application for registration.3.2.2 The EasyPark account provides an overview of the account balance, transaction history, purchasedactive and historical products and registered vehicles. EasyPark provides information regardingparkings and Charging Sessions made on the Customer’s My Pages, and such information isgenerally stored for at least twelve months.3.2.3 Registration can be made via the Website, the App, or in such other ways as accepted by EasyParkfrom time to time. In connection with the application for registration, the Customer shall select aProduct Package and provide requested information, such as further specified personal data, valid
4mobile phone number, email address, and the Licence Plate Number for at least one vehicle.Furthermore, the Customer shall select a payment method accepted by EasyPark, and register apayment card, or, as applicable, provide other requested information relevant for the selected paymentmethod.3.2.4 When the registration has been completed, the Customer is granted a non-exclusive and non-transferable right, which is limited in time and not sub-licensable, to use the EasyPark System, theServices and – if applicable – the App, the Car App and the Portal through its Users, in accordancewith the selected Product Package and the Agreement. The right to use the EasyPark System and, ifapplicable, the App and the Car App, remains during the term of the Agreement and for as long as theCustomer has an active user account and discharges its duties under the Agreement (including theseGeneral Terms and Conditions).3.2.5 When a registration has been completed, the Customer receives a unique password to be usedtogether with the Customer’s telephone number and/or email address, and receives a verification codeto log on to the App (together, the “Login Credentials”). The Login Credentials also enable theCustomer to log on to the Customer’s personal website on the Website (“My Pages”).3.2.6 Certain Services offered through the App or the Car App require that the Customer has enabled thefunction “allow location access” and/or “allow notifications” on its Mobile phone, vehicle or othertechnical solutions approved by EasyPark from time to time.3.3 The Customer’s undertakings and responsibility3.3.1 The Customer is responsible for procuring that accurate information regarding the Customer andrelevant vehicles is registered with EasyPark at any time. Following the registration, the Customershall log on to its My Pages or check the settings in the App or Car App, as applicable,to verify thatthe registered information is accurate. EasyPark is not liable for erroneous registered information,regardless of registration method, unless otherwise provided in section 11.1.3.3.2 The Customer is responsible for ensuring that the payment card registered through EasyPark, or anyother selected payment method, as applicable, is valid, not blocked and that the associated account, ifany, has sufficient balance/spending limit. The Customer shall provide EasyPark with relevantinformation (e.g., through update in the App or on My Pages, or by notifying EasyPark’s customerservice) regarding a new payment card at the latest by the end of the calendar month preceding thecalendar month when the registered payment card expires.3.3.3 The Customer is responsible for procuring that the Login Credentials are kept and used in a safemanner, and not disclosed or otherwise made available to any unauthorised person.3.3.4 The Customer shall without delay inform EasyPark, as instructed from time to time on the Website(e.g., through update in the App or on My Pages, or by notifying EasyPark’s customer service), if:• the Customer has any reason to believe that an unauthorised person has gained access to orknowledge of the Login Credentials;• the Customer’s EasyPark Card has been lost or stolen;
5• any registered information regarding the Customer has changed or should be updated, forexample when the Customer is no longer using the mobile phone number registered withEasyPark;• the Customer has any reason to believe that the Licence Plate Number of a vehicle registeredfor use of Automatic CameraPark (as defined below) is misused;• a Mobile phone, on which the Customer has installed the App, or a vehicle in which theCustomer has installed the Car App, is lost or stolen; or• a registered vehicle has been sold, temporarily deregistered, or otherwise will not be used inrelation to the Services,in order for EasyPark to take appropriate measures, such as blocking the Login Credentials, theEasyPark Card, the Licence Plate Number and/or the Customer’s user account or update theCustomer’s registered information.The Customer shall also keep EasyPark notified of any other circumstances of importance to theAgreement and/or the provision of the Services.3.3.5 In addition to what is set out in the Agreement, the Customer shall comply with any reasonableinstructions given by EasyPark in relation to the Services.3.3.6 The Customer is responsible for procuring that the (a) Mobile phone, or (b) other technical equipment(e.g., a vehicle’s infotainment system) used by the Customer in relation to the Services functionsproperly and is compatible at all times with (i) the EasyPark System, (ii) the Services, (iii) the App,and (iv) the Car App, as applicable. The Customer is also responsible for procuring that the App andthe Car App are duly updated, if applicable. The performance requirements applicable from time totime in relation to the EasyPark System, the Services, the App and the Car App, are available onthe Website.4 Special terms and conditions for the Parking Service4.1 General4.1.1 Through the Parking Service, the Customer is able to notify the relevant P-operator of when a parkingstarts, the preliminary parking time and when a parking ends, and, if necessary, extend the parkingtime. However, due to rules established by a particular P-operator, the Customer may in relation tocertain Parking Lots only be able to notify the P-operator of a fixed parking time, which cannot beprematurely ended or extended, or a minimum parking time.4.1.2 In relation to certain Parking Lots, access may be granted and a parking may be started and/or endedwith the help of a P-operator’s automatic number plate recognition system (the “CameraParkSystem”), whereby the time a vehicle enters and leaves a Parking Lot is automatically registered and,if applicable, forwarded to the EasyPark System (“CameraPark”). If the CameraPark System is fullyautomated (“Automatic CameraPark”), a parking is activated automatically in the EasyPark Systemwhen the relevant vehicle enters the Parking Lot (if the vehicle’s Licence Plate Number has beenactivated for Automatic CameraPark in the App in due course before the entry)l, whereby the
6Customer receives a notification in the App, and is ended automatically in the EasyPark Systemwhen the vehicle leaves the Parking Lot. If the CameraPark System is not fully automated, theCustomer must activate a parking manually in the EasyPark System (e.g., through the App), wherebythe start time automatically will be set to the time when the relevant vehicle entered the relevantParking Lot, but the parking is ended automatically in the EasyPark System when the vehicle leavesthe Parking Lot. The Customer is responsible for checking whether Automatic CameraPark isavailable for a given Parking Lot.4.1.3 The CameraPark Systems are provided and maintained by the P-operators and not by EasyPark.EasyPark does not provide any technical support in relation to the CameraPark System; instead theCustomer is referred to the relevant P-operator.4.1.4 By activating and using CameraPark, the Customer:• confirms that he is an authorized user of the vehicle for which CameraPark is activated;• understand that he is obliged to disable the license plate number for CameraPark if he is nolonger an authorized user of the related vehicle;• understands that adding a license plate number to his account for CameraPark is at his ownrisk and account;• understands that the total costs for a parking session, also including the applicable EasyParkService fees, will be calculated when his vehicle exits the car park and will be automaticallydebited using the payment method he has chosen;• understand that allowing push notifications in the EasyPark app is not obligatory, but that thiscan help to keep the Customer informed about ongoing parking sessions and/or when one ofthe vehicles in his account is enabled or disabled for Automatic CameraPark;• understand that only car parks with a "camera symbol" in the App support AutomaticCameraPark;• understands that car parks that use CameraPark may be added or removed without notice.4.1.5 The Customer and/or – if applicable – the User shall ensure that (de)activation of AutomaticCameraPark is timely done before the next entry of a Parking Lot that supports AutomaticCameraPark.4.1.6 The Parking Service may also be used for residential/permit parking, provided that the relevant P-operator accepts this. When using the Parking Service for residential/permit parking, the Customerneeds a residential/parking permit provided by the P-Operator. The Customer is responsible forprocuring that it holds a relevant residential/parking permit. When using the Parking Service forresidential/permit parking, the Customer can only notify the P-operator of a fixed parking time, whichcannot be prematurely ended.4.1.7 The fee due to the P-operator for parking at a Parking Lot (the “Parking Cost”) is set based onfactors determined by the relevant P-operator, such as the applicable parking tariff, and theCustomer’s usage, such as the amount of parking time. EasyPark does not have control over thesefactors, which may change from time to time. The Parking Cost does not include any EasyPark
7service fee that may be applicable in accordance with section 8 below. When providing the ParkingService, EasyPark will collect the Parking Cost (including VAT, if applicable) due from theCustomer and transfer the amount to the relevant P-operator.4.1.8 In connection with the Parking Service, EasyPark offers certain Additional Services and functions(some at additional costs depending on the Product Package). For example, the Customer may chooseto receive a reminder from EasyPark at a certain time before a preliminary set or fixed parking timeends. The Customer is always responsible for ending or extending a parking session that has beenstarted via the Parking Service, irrespective of whether the Customer has chosen to receive a reminderand irrespective of whether the reminder is actually received.4.2 Terms of use4.2.1 The Parking Service can only be used at parking lots and within parking areas/zones (each a“Parking Lot”), which:(i) at any given time are indicated in the App’s or the Car App’s map interface; and/or(ii) have parking meters with EasyPark stickers, or otherwise have signs or other EasyParkdistinctive marks which indicate that EasyPark co-operates with the P-operator in relation tothe relevant Parking Lot.4.2.2 The relevant P-operator decides on rules in relation to a Parking Lot.4.2.3 To be able to use the Automatic CameraPark service in relation to a particular vehicle, the Customermust activate the Automatic CameraPark service for such vehicle, via the App or My Pages, andregister the vehicle’s Licence Plate Number. The Customer is responsible for specifying the correctLicence Plate Number. If the Customer also has a business user account with EasyPark, it must selectwhich account any Automatic CameraPark parking shall be registered to before entering the gate.4.2.4 The Customer can start a parking session through the Parking Service by activation via either:• the App;• the Car App;• the CameraPark System, provided that the relevant P-operator supports AutomaticCameraPark; or• the EasyPark Card, provided that the relevant P-operator supports such card.In order to make sure that the parking has started correctly, the Customer shall check that aconfirmation of the started parking has been received via:• the App, when using the App;• the Car App, when using the Car App;• the App, when using CameraPark; or• registration of the EasyPark Card in a correct manner, when using such card.4.2.5 If the Customer starts a parking session through the Parking Service, the Customer shall specify theparked vehicle’s Licence Plate Number and the relevant Parking Lot, unless an EasyPark Card orAutomatic CameraPark is used. If the Customer uses the App’s or the Car App’s positioning function
8or CameraPark, the Customer shall ascertain that the proposed Parking Lot is in fact the Parking Loton which the Customer has parked. The Customer is responsible for specifying the correct ParkingLot and Licence Plate Number, irrespective of whether such information has been proposed throughthe App’s or the Car App’s positioning function or through the use of Automatic CameraPark.EasyPark assumes no liability if the wrong Parking Lot or Licence Plate Number has been specified(see section 11.4a).4.2.6 When using the Parking Service for residential or permit parking the Customer shall have aresidential/parking permit attached to the front window of the parked vehicle if required by therelevant P-operator. Please contact the P-operator to receive information on whether a visibleresidential/parking permit is required.4.3 The Customer’s undertakings and responsibility4.3.1 The Customer shall always comply with applicable laws and regulations, and the rules established bythe relevant P-operator at any given time, or which are otherwise applicable in relation to the ParkingLot where a Customer parks the vehicle.4.3.2 The Customer is responsible for starting the parking session correctly and ascertaining that thespecified Parking Lot and Licence Plate Number are correct, as set forth in Section 4.2.5.4.3.3 The Customer is responsible for procuring that a started parking session is ended or extended as thecase may be. If the Customer did not state a preliminary end time or a total parking time when theparking was started, the Customer is responsible for ending the parking manually. If the Customer isusing CameraPark, it shall check that a started parking has ended when the relevant vehicle leaves therelevant Parking Lot, and notify EasyPark’s customer service, if it has not ended automatically.4.3.4 If the Customer is using CameraPark, the Customer is responsible for procuring that the relevantvehicle’s licence plates are clean, not damaged and otherwise in a readable condition when thevehicle enters and leaves the Parking Lot.4.3.5 If the Parking Service is not available or is out of function, for example due to reasons attributable tothe (i) Mobile phone or (ii) other technical equipment (e.g., a vehicle’s infotainment system) used bythe Customer, or failure, disruption or delay in telephone, Internet, other communication network, ora CameraPark System, or the GPS function, the Customer is responsible for making proper paymentfor the relevant parking session to the P-operator in any other way instructed by the P-operator (e.g.,by payment in relevant parking meter). If the Customer in such a case does not make payment in anysuch other way, the Customer risks to be issued a parking fine, or a fee or a charge for incorrectparking.4.3.6 The Customer is responsible for deactivating the Automatic CameraPark service in relation to avehicle, if the Customer no longer wants to use such service in relation to such vehicle (e.g., if thevehicle has been sold or lended, or, in respect of lease and rental cars, when the relevant rental orlease period has ended). If the Customer or User is unable to deactivate Automatic CameraPark, theCustomer or User is responsible for either making EasyPark duly aware of this or shall refrain from
9using areas with Automatic CameraPark. Failure to deactivate Automatic CameraPark does notrelieve the Customer of its payment obligation under this Agreement.4.3.7 The Customer is responsible for any parking fines and fees or charges for incorrect parking (whichmay be notified or collected in connection with parking violations), and the payment thereof. Anyparking violation is a matter between the Customer and the relevant P-operator or the policeauthority. EasyPark remains neutral in such disputes. However, EasyPark may at its sole discretionprovide information to the disputing parties.5 Special terms and conditions for the Charging Service5.1 General5.1.1 Through the Charging Service, the Customer is able to notify any relevant Partner or P-operator, orEasyPark (when EasyPark acts as a reseller, as further described in Section 5.1.3), as applicable, (a)when a Charging Session is started or ended, (b) of the preliminary charging time/level, and (c), ifnecessary, of an extension/increase of the charging time/level.5.1.2 The terms and conditions for the Parking Service set forth in section 4, apply mutatis mutandis to theCharging Service. However, started and ended parking shall, respectively, mean started and endedCharging Session. No resident parking exists in relation to the Charging Service.5.1.3 In relation to certain P-operators and Partners, the Charging Service includes an element ofimmediate on-demand purchase and re-sale of electricity or charging time, whereby EasyPark acts asa reseller. When a Customer is charging an electric vehicle and starts a Charging Session, from suchtime and until the Charging Session has ended; EasyPark will i) buy relevant electricity or chargingtime from the relevant P-operator or Partner, and ii) re-sell the relevant electricity or charging time tothe Customer.5.1.4 If EasyPark does not function as a reseller, EasyPark will collect the relevant Charging Cost(including VAT, if applicable) from the Customer and transfer the amount to the relevant P-operatoror Partner.5.1.5 Charging stations are provided and maintained by Partners and/or P-operators, and not by EasyPark.EasyPark assumes no responsibility for the charging station used by the Customer in connection withthe Charging Service (the “Charging Station”), and does not provide any technical support inrelation to the Charging Station. EasyPark also assumes no responsibility for the electricityconsumed, unless EasyPark acts as a reseller. If a Charging Station does not function properly or,e.g., has caused damage to the Customer’s vehicle, the Customer is referred to the relevant Partner orP-operator. Contact details are usually available at the Charging Station, but may also be retrievedfrom EasyPark’s customer service.5.1.6 The Customer is responsible for paying for Parking Costs and/or following other parking rules (asapplicable) set out by a P-operator or Partner in a Parking Lot where the Charging Station is located.
105.2 The Customer’s undertakings and responsibility5.2.1 The Customer shall always comply with applicable laws and regulations, and the rules established byeach relevant Partner or P-operator at any given time, or which are otherwise applicable in relation tothe Customer’s charging of the vehicle.5.2.2 If the Charging Service is not available or is out of function, for example due to reasons attributableto the (i) Mobile phone or (ii) other technical equipment (e.g., a vehicle’s infotainment system) usedby the Customer, or failure, disruption or delay in the telephone, Internet, or other communicationnetwork, the Customer is responsible for making proper payment for the relevant Charging Session tothe relevant Partner or P-operator in any other way instructed by such Partner or P-operator.5.2.3 The Customer is responsible for any damage caused by the Customer, the Customer’s vehicle or otherproperty pertaining to the Customer in connection with the charging of the Customer’s vehicle, unlessotherwise provided in Section 11.1.6 Special terms and conditions for the Parking Guidance Service6.1 Through the Parking Guidance Service, the Customer may receive proposals regarding availableParking Lots and/or Charging Stations close to the Customer, through the App’s positioning functionor other technical solution approved by EasyPark from time to time which is compatible with theParking Guidance Service.6.2 The Parking Guidance Service requires that the Customer uses the App or Car App, as the case maybe, and has enabled the functions “allow location access” and/or “allow push notifications” on itsMobile phone or other technical solutions approved by EasyPark.6.3 EasyPark does not guarantee that the Parking Lots/Charging Stations as proposed by the ParkingGuidance Service are actually available, nor that the Parking Guidance Service shall alwaysaccurately guide the Customer to such Parking Lot/Charging Stations. EasyPark assumes no liabilityin that respect.7 Prices and fees7.1 The size and calculation of any prices or fees payable to EasyPark depends on the Product Packageselected by the Customer. Information on the relevant standard pricing for the Services can be foundon the Website, unless the Parties have agreed otherwise in the Agreement. The standard pricing maybe subject to change. The current standard pricing is published on the Website. All prices and feesinclude VAT. Parking Costs, Charging Costs and Tolls are depending on the Customer’s and theUsers’ actual use of the Parking Service, the Charging Service and the Tolling Service, and are inaddition to and not included in EasyPark’s prices and fees. For Users using the App or the Car App,EasyPark will provide information regarding the basis for calculating the Parking Cost, ChargingCost or Tolls, as the case may be, in the App or the Car App, as applicable7.2 EasyPark’s pricing model for the Product Packages (i.e., excluding any Parking Fees or ChargingCosts) currently consists of:(a) a non-recurring fee when a registration is approved;
11(b) a transaction fee payable per User and transaction depending on the Product Packageselected by the Customer (which primarily is driven by the Customer’s and any User’sparking requirements);(c) a recurring monthly subscription fee per User; and/or(d) a fee per use of Additional Services.However, the Parties may agree on another pricing model in the Agreement.7.3 Separate fees may be charged for Additional Services (such as the Parking Guidance Service) andother additional notifications and functions, which are not included in the relevant Product Package.7.4 Additional Services, which currently are included in the Product Packages, or any new services, mayin the future be subject to separate fees.7.5 EasyPark reserves the right to change its prices and fees. For Services that are remunerated bymonthly fees (see 7.2 (i) and (iii) above), such amendments will become effective no earlier than 30calendar days after the Customer has been informed of the change. For Services that are remuneratedby a price or fee that is calculated and charged on a transaction by transaction basis (see 7.2 (ii) and(iii) above), such amendments become effective immediately for all future transactions, i.e. theamended prices or fees apply at the point in time at which the Customer requests a Service andaccordingly such prices and fees may change at any time without notice. The prices and feesapplicable at the relevant point in time are shown in the (Car) App when the Customer requests andbindingly books a Service, as well as on the Website.8 Payment terms, etc.8.1 Payment is made either by charging the Customer’s registered payment card, or by any other paymentmethod approved by EasyPark from time to time. The Customer selects the payment method inconnection with its registration. General terms of payment service providers may be applicable to theuse of certain payment methods. For information regarding such terms reference is made to therelevant payment service provider or as included in this section 8.8.2 The monthly fee, if applicable in accordance with the Product Package selected by the Customer, ischarged monthly in advance and is not refundable, except as otherwise provided in these GeneralTerms and Conditions. Other prices and fees (except for what is set forth in section 8.3) are chargedin accordance with the payment method selected by the Customer after the starting or ending of therelevant Service. The Customer hereby approves such charging.8.3 Parking Costs and Charging Costs and EasyPark’s surcharge, if applicable in accordance with theProduct Package selected by the Customer, are typically charged (i) in connection with EasyParkhaving initiated the steps to arrange for the transfer of the relevant amounts regarding the ParkingCost or Charging Cost to the relevant P-operator or Partner, or (ii), if EasyPark acts as a reseller inrelation to the Charging Service, after the relevant Charging Session has been ended.8.4 If payment is not made on time, EasyPark is entitled to charge a penalty interest fee in accordancewith Section 6:119 of the Dutch Civil Code (Burgerlijk Wetboek), from the due date until the time
12payment has been made in full. EasyPark is entitled to compensation for costs associated withcollection of due amounts (such as late payment reminders or debt collection demands).8.5 EasyPark reserves the right to invoice the registered owner of the vehicle used for the unpaidtransactions should the Customer’s regular method of payment fail.9 Riverty Consolidated Direct Debit9.1 Riverty Consolidated Direct is a direct debit payment method that is available for eligible customerslocated in the Netherlands who are either an individual (at least 18 years old) or a duly incorporatedbusiness enterprise. The eligibility for Riverty Consolidated Direct Debit is evaluated on a pertransaction basis and is subject to satisfactory fraud screening and creditworthiness checks conductedby our third party payment services provider, Riverty GmbH, Gütersloher Str. 123, 33415 Verl,Germany ("Riverty"). For more information on the fraud screening and credit check see the RivertyPrivacy Notice. If a transaction is suspected fraudulent or the credit check does not meet the definedcriteria (e.g. outstanding debt), Riverty reserves the right to reject and block use of RivertyConsolidated Direct Debit. Please note that Riverty acts as an individual data controller and not as ourdata processor when processing the data for the purpose of conducting the fraud screening/creditchecks and processing of payment transactions in connection with Riverty Consolidated Direct Debit.To learn more about how Riverty processes personal data, please read their privacy statement here.9.2 The use of Riverty Consolidated Direct Debit further requires a SEPA Direct Debit payment mandatewhereby the customer authorizes (i) EasyPark to send – through our payment service providerRiverty - instructions to the customer’s bank to debit the customer’s account and (ii) the customer’sbank to debit the customer’s account in accordance with the instructions on the due date. At the sametime, the customer also confirms to us and Riverty that they are authorized to dispose over thataccount and that the account has sufficient funds.9.3 For parking transactions made as well as for monthly subscriptions using Riverty Consolidated DirectDebit as payment method, a statement will be issued to the customer on the second working day ofthe month following the purchase of services. Each monthly statement consolidates the subscription,and/or all parking transactions and/or other transactions made using Riverty Consolidated DirectDebit from the prior month. The amount listed on the monthly statement is due upon receipt of themonthly statement, but not before the deadline for advance information pursuant to the SEPA directdebit rules. Advance information ("Pre-Notification") means any notification (e.g. on the invoice) tothe customer announcing a debit by SEPA Direct Debit. The agreed deadline for advance informationis 3 days after receipt of the monthly statement. As mentioned above, the direct debit will be collectedthrough our payment services provider Riverty when due from the account that the customer hasspecified in the SEPA Direct Debit mandate.9.4 If the customer is an individual (excluding business accounts) and the SEPA Direct Debit collectionis unsuccessful, EasyPark assigns and transfers all rights, title and interest in the associated invoiceddebt to Riverty and Riverty has the right to collect any invoiced amounts from the customer directly
13on its own behalf ("Transfer of Claim"). In case of such assignment, Riverty is entitled to exercisethe same rights against the customer with respect to payment as EasyPark could exercise against thecustomer in accordance with the agreement concluded between the customer and EasyPark regardingits services. The claim against the customer can, at all times, unilaterally be transferred by Riverty toa third party, including a debt collection agency.9.5 In the event of late payment, Riverty will send the customer a reminder and demand payment within14 days warning the customer that if payment is not received within 14 days, the customer will incurdebt collection costs in accordance with Dutch law. In the event the customer does not act on thisreminder by paying the outstanding balance within the defined due date, Riverty will charge a portionof such debt collection costs and issue a second reminder. If the customer does not act on this secondreminder either, Riverty can charge an additional portion of the debt collection costs and will issue athird and final reminder. Failure to act upon such final reminder can trigger the imposition of theremaining amount of the debt collection costs, due in accordance with Dutch law, and execution oflegal debt collection measures. For the applicable debt collection cost portions, see:https://www.easypark.com/nl/riverty-incassokosten. Any reminders can be sent via e-mail. Inaccordance with the Besluit vergoeding voor buitengerechtelijke incassokosten, the total debtcollection costs Riverty is entitled to charge amounts 15% of the outstanding amount with a minimumof € 40 (forty Euros) as minimum debt collection costs. Please note that Riverty is also entitled tocharge statutory interest per month on the outstanding amounts upon the second reminder. To theextent the customer is using our services for purposes relating to their trade, business, craft orprofession, this paragraph does not apply and we are entitled to charge debt collection costs upondefault.9.6 Any disputed charges for payments should be notified to Riverty. Any disputed charges for the use ofthe services should be notified to EasyPark.10 The availability of the EasyPark System, intellectual property rights, etc.10.1 The EasyPark System and Services are under continuous development and may be updated orchanged from time to time or, subject to section 13.4, discontinued.10.2 The EasyPark System is generally available 24 hours a day, but the availability may be interrupteddue to planned upgrades, modifications and maintenance or due to unexpected system failures. TheCustomer acknowledges that software can never be tested in all possible situations and that deviationfrom agreed functionality and unexpected errors and disruptions may occur. EasyPark reserves theright to update the EasyPark System with new functions or otherwise modify it in order to, forexample, adapt it to new technology, new security standards or new administrative procedures.10.3 All copyright (including the right to computer programs, data bases, source codes, object codes andalgorithms) and other intellectual property rights (including trademarks and patent rights) anywherein the world relating to the EasyPark System and its contents are owned or licensed by EasyPark orits suppliers and partners. No such rights are transferred to the Customer by the virtue of this
14Agreement. The Customer shall refrain from any acts that infringe the (intellectual property) rights ofEasyPark, its licensors or other third parties. It is not allowed to use, or to grant others a right to use,the EasyPark System or its contents for commercial purposes. The Customer does not have any rightto copy, distribute, sell, publish, transfer, lend, sub-license, modify, or otherwise dispose of or takeany action regarding the software included in the EasyPark System. The Customer does not have anyright to engage in reverse engineering, decompilation, disassembling or in any way attempt to accessthe software’s source code. In addition to the Customer’s right to information pursuant to Sections3.2.2, the Customer has no right - by itself or through others - to collect and store data from the App,the Car App and the Website.10.4 The Customer shall ensure that all information and materials which are transferred to the EasyParkSystem are free from damaging elements or source code or malware (such as viruses, worms andTrojan horses). It is the responsibility of the Customer that any information which the Customeruploads to My Pages or makes available via the App or the Car App does not infringe any thirdparty’s intellectual property or other rights and is not in conflict with any applicable law orregulation.11 EasyPark’s liability11.1 EasyPark’s aggregate liability shall in no event exceed an amount equivalent to EUR 5,000, except ifEasyPark has acted wilfully (opzettelijk) or deliberately reckless (bewust roekeloos).11.2 Nothing in these General Terms and Conditions shall exclude liability of EasyPark for grossnegligence and wilful misconduct, or death and personal injury caused by EasyPark’s negligence, orany other type of liability which cannot be excluded or limited under applicable law.11.3 EasyPark is not liable for:a) loss or damage to the Customer’s vehicle or other properties while using any Parking Lots orCharging Stations;b) the services offered by P-operators or Partners; orc) indirect, special or consequential damages such as, e.g., reputational damage, damage as aresult of business interruption, system/computer failure, loss and/or corruption of data, lostprofit and turnover, loss of customers, reduced goodwill and lost savings.11.4 Further, EasyPark is not liable for any damage or loss incurred by the Customer caused by:a) the Customer’s fault (toedoen) or negligence (nalaten), including that the Customer has (i)not correctly started or ended a Service (irrespective of whether the Customer has selected toreceive a reminder from EasyPark or used CameraPark); (ii) not heeded informationprovided; or (iii) specified the wrong Licence Plate Number or Parking Lot when starting aparking (irrespective of whether such information has been stated manually or after aproposal made by the positioning function in the App or the Car App);b) the Customer not having discharged its duties under the Agreement or otherwise notcomplied with EasyPark’s instructions;
15c) the Customer having parked its vehicle in violation of applicable laws, regulations, and/orrules established by the relevant P-operator or which are otherwise applicable in relation tothe Parking Lot where the Customer parks the vehicle;d) error or insufficient functionality (such as the equipment being switched off or having adischarged or dead battery) relating to the Customer’s (i) Mobile phone or (ii) other technicalequipment (e.g., a vehicle’s infotainment system), which may result in a parking or aCharging Session not being started or extended (whereby the Customer risks, e.g., a parkingfine) or not being ended correctly (whereby the Customer risks, e.g., to pay too much for itsparking or charging);e) failure, disruption or delay in telephone, Internet, or other communication network providedby a party other than EasyPark, or any telecommunication operator’s actions or omissionsaffecting the Services’ functionality or its availability, which, e.g., may result in theCustomer’s Mobile phone or other technical equipment not being able to communicate withthe EasyPark System and a parking or a Charging Session not being started or extended(whereby the Customer risks, e.g., a parking fine) or not being ended correctly (whereby theCustomer risks, e.g., to pay too much for its parking or charging);f) error or defect in a technical function, which specifies the amount of the relevant ParkingCost or Charging Cost;g) error or defect in a CameraPark System (including any misreading of a number plate);h) the Service having been cancelled by EasyPark due to reasons that prove to be incorrect, butwhich EasyPark had reason to believe were correct at the time of the cancellation, and whichjustified the cancellation;i) disruption in or inadequate access to one or several Services, which EasyPark could notreasonably have foreseen;j) a Charging Station not functioning correctly;k) a Parking Lot/Charging Station proposed by EasyPark not being available when theCustomer arrives there;l) the Customer’s EasyPark Card having been lost or stolen without the Customer informingEasyPark thereof, or otherwise been subject to unauthorised use;m) the Customer not having informed EasyPark of a known or suspected misuse of the LicencePlate Number of a vehicle registered for use of Automatic CameraPark;n) a Mobile phone, on which the Customer has installed the App, or a vehicle, in which theCustomer has installed the Car App, being lost or stolen and the Customer not having dulyinformed EasyPark about this;o) the GPS function of the Mobile phone (in relation to the App) or in-car system (in relation tothe Car App) is faulty or not accurate;p) the Customer not having duly deactivated the Automatic CameraPark service in relation to avehicle;
16q) unauthorised use of the Login Credentials and/or the Services,r) any action or inaction of the Customer; ors) Force majeure (see section 15).12 Complaints12.1 In case of a defective Service or an erroneous charge or fee, the Customer shall submit a writtencomplaint to EasyPark’s customer service without delay, and at the latest within 60 days from whenthe relevant Service started to be provided, alternatively from when the Customer became, or shouldhave become, aware of the relevant erroneous charge. The complaint shall clearly specify the natureof the defect or error. The Customer shall provide reasonable assistance to EasyPark in connectionwith any investigation made due to the complaint.12.2 Complaints regarding erroneous Parking Costs or Charging Cost are handled and decided upon indialogue with the relevant P-operator or Partner. If and when such a complaint is approved, EasyParkshall without delay credit the Customer with the relevant amount. If the complaint is rejected,EasyPark shall notify the Customer of the outcome of the handling of the complaint and motivate thedecision. Complaints related to a CameraPark System will be referred to the relevant P-operator.12.3 EasyPark may at any time, whether prior to or after the Customer has been credited by EasyPark forany fees or other charges pursuant to section 12.2 or otherwise, require the Customer to object to anycorresponding claim of a P-operator, Partner or other third party, as the case may be, as part of theCustomer’s reasonable assistance and cooperation. In addition, pursuant to EasyPark’s writtenrequest, the Customer shall procure that EasyPark is allowed to handle any negotiation or disputewith any third party in relation to a dispute or potential dispute in respect of such fees or chargesclaimed from or credited by EasyPark. This includes granting EasyPark all authorisations and allassistance reasonably required to enable EasyPark to defend, at its own cost, against such claim orpotential claim and to agree to any settlement or otherwise compromise or discharge such claim.13 Term, early termination, etc.13.1 The Agreement is effective from the confirmation of the Customer account registration by EasyPark(see section 3.2) until it is terminated in accordance with the terms of the Agreement, or as otherwiseagreed in writing.13.2 If the Customer has selected a Product Package without a monthly subscription fee, the Customermay terminate the Agreement with immediate effect. If the Customer has selected a Product Packagewith a monthly subscription fee (in full or in part), the Customer may terminate the Agreement at anytime with a notice period of one month. The foregoing does not affect the Customer’s right ofrescission (ontbinding).13.3 EasyPark has the right to immediately suspend the Customer’s access to the Services, cancel theCustomer’s user account and/or terminate the Agreement with immediate effect if:a) the Customer is in material breach of any of its undertakings under the Agreement;
17b) the Customer does not fulfil, or there is a reasonable reason to assume that the Customer willnot fulfil, its payment obligations in relation to EasyPark, or does not have a valid paymentcard or any other payment method registered through EasyPark;c) the Customer, according to EasyPark’s reasonable assessment, could be expected to becomeinsolvent;d) the Customer uses the EasyPark System or any Service in violation of the Agreement, or in away which may be detrimental or cause damage to EasyPark or any third party;e) the Customer has repeatedly parked its vehicle in violation of applicable laws, regulations,and/or rules established by any relevant P-operator;f) the Customer has provided incorrect, incomplete or misleading information, org) EasyPark, based on an overall assessment, considers it likely that the Customer may beinvolved in, or linked to, criminal activity.13.4 EasyPark may terminate the Agreement or stop providing the Services at any time, as a whole or inparts, subject to one month prior notice.13.5 If the Customer has selected a Product Package, for which the Customer pays in full or in part amonthly subscription fee, it is the Customer’s responsibility to terminate the Agreement if itsregistered vehicle has been sold, is temporarily deregistered, or otherwise will not be used.13.6 Termination of the Agreement by the Customer shall be made in writing.13.7 Termination of the Agreement (for whatever reason) shall not affect any rights and/or obligationsincurred by a Party prior to the date the Agreement is terminated.14 Right of withdrawalIn accordance with Section 6:230o(1) of the Dutch Civil Code, the Customer has a right to withdraw(recht op ontbinding) from the Agreement by notifying EasyPark’s customer service within 14 daysfrom approved registration. If the Customer selected a Product Package with a monthly fee, and suchAgreement is terminated by the Customer within the 14 day withdrawal period or based on its right ofrescission (ontbinding) in accordance with 6:265 of the Dutch Civil Code, the costs of such ProductPackage will be charged on a pro rata basis. If the Customer exercises its withdrawal right in relationto EasyPark, the Customer’s obligation to pay any Parking Cost or Charging Cost, as the case maybe, is not affected.15 Force MajeureEasyPark shall not be responsible or liable for failure or delay in carrying out the terms of thisAgreement resulting from any cause or circumstance beyond EasyPark’s reasonable control,including, but not limited to, fire, flood or other natural disasters, acts of war, terrorist actions, labourconflicts, failure, disruption or delay in telephone, Internet or other communication network,restrictions in the general traffic, accident, explosion, disturbances, legislation or measures taken bygovernmental authority.
1816 Information, Personal data16.1 The Customer acknowledges that EasyPark may share information regarding the (Customer’s use ofthe) Services to P-operators and Partners in order to discharge its duties in relation to them.Furthermore, the Customer acknowledges that EasyPark may report any misuse of the Services,illegal activities, fraudulent or inappropriate behaviour and/or suspicions thereof to the police or anyother competent authority.16.2 Personal data is processed and handled in accordance with applicable legislation for the protection ofpersonal data and in accordance with EasyPark’s privacy policy.17 EasyPark in other countries17.1 EasyPark is part of a group of companies (each an “EP Company”) who provide servicessubstantially corresponding to the Services provided by EasyPark (the “EP Services”), in thecountries (exclusive of any country listed as franchise), which are from time to time listed onwww.easyparkgroup.com (each an “EP Country”). Please visit www.easyparkgroup.com forinformation on places within an EP Country where the EP Services may be used.17.2 If the Customer visits another EP Country (i.e., another country than the Netherlands), the Customermay use the EP Services provided by the local EP country (the “Local EP Services”), provded thatthat the Customer agrees to the applicable general terms and conditions of the local EP Company. Ifand to the extent the Customer uses the Local EP Services, the general terms and conditions of thelocal EP Company prevail, should these conflict with the General Terms and Conditions.17.3 When using the Local EP Services, the Customer enters into a contractual relationship with the localEP Company while also remaining a Customer to EasyPark.17.4 The EP Services are provided by the local EP Company, and when the Customer uses the EPServices, it is a customer of the local EP Company. However, when using the EP Services, theCustomer makes payment to EasyPark (and not to the local EP Company). The daily exchange ratespublished by the Swedish Central Bank are used to convert any fee charged in any EP Country toEuro.18 Amendments, assignment, etc.18.1 EasyPark reserves the right to amend these General Terms and Conditions. In such case, EasyParkshall promptly inform the Customer and make the new version of the General Terms and Conditionsavailable to the Customer. Should the Customer thereafter continue to use the Services, the Customershall be deemed to have accepted the amendments.18.2 The General Terms and Conditions applicable from time to time are available on the Website.18.3 EasyPark has the right to transfer its rights and/or obligations under the Agreement to another personor party without the Customer's consent.18.4 EasyPark has the right to employ sub-contractors to discharge its duties under the Agreement.18.5 The Customer may not assign its rights and/or obligation under the Agreement without EasyPark’swritten consent.
1919 Miscellaneous19.1 The Agreement constitutes the entire agreement between the Parties with respect to the subject matterhereof.19.2 The Parties agree that, should any provision of the Agreement be held invalid or unenforceable, suchprovision and the other terms and conditions of the Agreement shall apply to the extent allowed.19.3 These General Terms and Conditions (as well as any other terms and conditions which forms part ofthe Agreement) are available in several languages, out of which the Dutch language versionconstitutes the original language version. The Parties acknowledge that in case of any discrepanciesbetween this language version and the Dutch language version of the General Terms and Conditions,the Dutch version shall prevail.20 Applicable law and disputes20.1 The Agreement shall be governed by and construed in accordance with Dutch law.20.2 Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach,termination or invalidity thereof, shall primarily be solved by voluntary agreement between theParties. If the Parties are not able to reach an agreement, the dispute settled by the competent Dutchcourt.20.3 The Customer may use the European Commission’s online platform to send a complaint toec.europa.eu/consumers/odr.20.4 This section 20 shall survive the termination of the Agreement.21 Customer serviceEasyPark’s customer service answers questions regarding the Agreement and the Services providedby EasyPark during office hours during business days in the Netherlands.Telephone number: 085 - 0657180Email address: klantenservice@easypark.net* * *