1EASYPARK – GENERAL TERMS AND CONDITIONS FOR BUSINESS CUSTOMERSEffective 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 business customers (the “Customer”) inthe Netherlands. Furthermore, these General Terms and Conditions apply in applicable parts whenany natural person associated to the Customer (a “User”) is authorized by the Customer to usethe Services i.e. in its capacity as an employee or consultant of the Customer or otherwise authorizedby or associated to the Customer.1.2 All Services are provided in accordance with mandatory law and in accordance with:• any individually agreed terms and conditions;• any special terms and conditions governing a particular Service (“Special Terms andConditions”); 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 legal persons and their representatives.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 and any applicable Special Terms and Conditions, by which abinding agreement (the “Agreement”) arises. These General Terms and Conditions and anyapplicable Special Terms and Conditions form part of the Agreement between EasyPark andthe Customer.1.6 The Customer is responsible for any User and its use of Services (including, but not limited to, theliability to make payment for such use, as the case may be), and shall procure that such use is inaccordance with the Agreement. The Customer shall inform any User of the contents of these GeneralTerms and Conditions from time to time (including of any amendment pursuant to section 18.1), andshall procure that the User complies with these General Terms and Conditions. The Customer isresponsible and liable for any fault, negligence or breach by any User.1.7 By using any Service, the User accepts and agrees to be bound by these General Terms andConditions in applicable parts. If the User also has a consumer account with EasyPark, EasyPark’sfrom time to time applicable general terms and conditions for consumer customers apply to the User’sprivate use of any services provided by EasyPark.1.8 If the Customer or the User has authorised, permitted or otherwise made available for someone else touse the Customer’s or User’s EasyPark account, the Customer and/or User, as applicable, bears fullresponsibility under the Agreement for such use (including, for the avoidance of doubt, the obligationto pay any accrued fees).
22 Definitions2.1 In these General Terms and Conditions, and in connection with the Services, defined terms andexpressions shall have the meaning set forth below:“Active User Account” means a user account that has had an active transaction in the previous 24months, for example a parking or a subscription fee;“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 User 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 controlover, 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 User 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;“EasyPark” shall have the meaning set forth in section 1.1;“EasyPark Card” means the pass, which EasyPark may provide to a User, and which is applicable inrelation to certain Parking Lots, provided that the relevant P-operator accepts such passes;“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 and any User gain access to viathe App, the Car App, the Portal 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;“Login Credentials” shall have the meaning set forth in section 3.2.1.5;“Mobile phone” means a mobile phone or a tablet;“Business Self-Service” shall have the meaning set forth in section 3.2.1.5;“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;
3“Parking Service” shall have the meaning set forth in section 3.1.1;“Partner” means any partner, which EasyPark co-operates with or otherwise maintains a contractualrelationship with (however, excluding P-operators);“Party” and “Parties” means EasyPark and/or the Customer or a User, as the case may be;“P-operator” means any parking operator (including cities), which EasyPark co-operates orotherwise maintains a contractual relationship with;“Portal” means EasyPark’s web-based portal, which Customers using certain Additional Servicesmay gain access to;“Price List” means EasyPark’s price list applicable from time to time, which is available on theWebsite and – if applicable – the (Car) App;“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;“User” shall have the meaning set forth in section 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.3 General terms and conditions for the Services3.1 General3.1.1 EasyPark provides an electronic system for modern parking(the “EasyPark System”), through whichEasyPark, in co-operation with P-operators and other Partners, enables Customers and their Users 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 to business customers are jointly referred to as the “Services”. For the avoidance of doubt,EasyPark does not provide any parking locations, parking spaces, or facilities for charging ofelectrical 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 and any User are required to comply with suchrules, regulations and/or terms of service, as the case may be, in connection with its use of theServices and EasyPark is not a party to the contractual relationship between the Customer or the User,as the case may be, and such third parties. EasyPark is not responsible nor liable for the servicesoffered by P-operators and Partners, or for providing such applicable rules, regulations and/or termsof service. Please contact the P-operator or Partner to receive 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.
43.1.4 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 Registration of the Customer, etc.3.2.1.1 A pre-condition for the Customer to gain access to the Services is that the Customer registers as abusiness customer with EasyPark. EasyPark reserves the right to reject an application for registration.3.2.1.2 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 and/or User’s Business Self-Service.3.2.1.3 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 select a payment method accepted by EasyPark, and register a payment card, or,as applicable, provide other information relevant for the selected payment method. Furthermore, theCustomer shall provide other requested information, such as a valid phone number and email address.3.2.1.4 When the Customer’s registration has been completed, it is granted a non-exclusive and non-transferable right, which is limited in time and not sub-licensable, to use the EasyPark System andthereby the Services and – if applicable – the App, the Car App and the Portal through its Users, inaccordance with the selected Product Package and the Agreement. The Customer’s and any User’sright to use the EasyPark System and, if applicable, the App, the Car App and the Portal, remainduring the term of the Agreement and for as long as the Customer has an Active User Account andthe Customer and any User discharge their respective duties under the Agreement (including theseGeneral Terms and Conditions and any applicable Special Terms and Conditions).3.2.1.5 When a registration has been completed, the Customer receives a username and password (together,the “Login Credentials”). The Login Credentials also enable the Customer to, inter alia, log on tothe Customer’s personal website on the Website (“Business Self-Service”) and the Portal, as the casemay be.3.2.2 Registration of a User, etc.3.2.2.1 Pre-conditions for the User to be able to use the Services are that (i) the Customer’s application forregistration has been approved by EasyPark, and (ii) the User is registered with EasyPark, as abusiness user associated to the Customer. EasyPark reserves the right to reject a User’s applicationfor registration.3.2.2.2 Registration can be made via the Website, telephone or in such other ways as accepted by EasyParkfrom time to time. In connection with the registration, requested information regarding the User, suchas further specified personal data, valid mobile phone number and email address shall be provided.
53.2.2.3 When the registration has been completed, the User is granted a non-exclusive and non-transferableright, which is limited in time and not sub-licensable, to use the EasyPark System, the Services and –if applicable – the App and the Car App, subject to the selected Product Package and the Agreement.The right to use the EasyPark System and, if applicable, the App and the Car App, remains during theterm of the Agreement and for as long as the Customer discharges its duties under the Agreement(including these General Terms and Conditions), and the User has an Active User Account anddischarges its duties under these General Terms and Conditions.3.2.2.4 When a registration has been completed, the User will receive Login Credentials, which enable theUser to, inter alia, log on to the User’s Business Self-Service and the App.3.2.2.5 Certain Services offered through the App or the Car App require that the User has enabledthe function “allow location access” and/or “allow notifications” on its Mobile phone, vehicle orother technical solutions approved by EasyPark from time to time.3.3 The Customer’s and the User’s undertakings and responsibility3.3.1 The Customer is responsible for procuring that accurate information regarding the Customer isregistered with EasyPark at any time. Following the registration, the Customer shall log on to itsBusiness Self-Service or check the settings in the App or Car App, as applicable, to verify that theregistered information is accurate. EasyPark is not liable for erroneous registered information,regardless of registration method, unless otherwise provided in section 11.2.3.3.2 The Customer and the User are jointly and severally responsible for procuring that accurateinformation regarding the User and relevant vehicles is registered with EasyPark at any time.Following the registration, the User shall log on to its Business Self-Service or check the settings inthe App or Car App, as applicable, to verify that the registered information is accurate. EasyPark isnot liable for erroneous registered information, regardless of registration method.3.3.3 The Customer is responsible for ensuring that any 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 the Business Self-Service, or by notifyingEasyPark’s customer service) regarding a new payment card (if used as the method of payment), oradd a new method of payment, at the latest by the end of the calendar month preceding the calendarmonth when the registered payment card expires.3.3.4 If the Customer has been approved to make payment against invoice, the Customer shall provideEasyPark with any relevant invoicing information, such as company name, registration number,invoice address and VAT number, as requested by EasyPark from time to time, and procure that suchprovided information is up to date at all times.3.3.5 The Customer is responsible for deregistering any User, which no longer is associated with theCustomer.
63.3.6 The Customer shall provide EasyPark with any reasonably requested information and documentationin order for EasyPark to be able to comply with any tax reporting obligations (e.g., the Customer’sVAT).3.3.7 The Customer and the User, respectively, is responsible for procuring that the Login Credentials arekept and used in a safe manner, and not disclosed or otherwise made available to any unauthorisedperson.3.3.8 The Customer or the User, as the case may be, shall without delay inform EasyPark, as instructedfrom time to time on the Website (e.g., through an update in the App or on the Business Self-Service,or by notifying EasyPark’s customer service), if:• the Customer or the User, as the case may be, has any reason to believe that an unauthorisedperson has gained access to or knowledge of the Login Credentials;• the User’s EasyPark Card has been lost or stolen;• any registered information regarding the Customer or the User, as the case may be, has beenchanged or should be updated, for example if the User is no longer using the mobile phonenumber registered with EasyPark;• the Customer or the User, as the case may be, has any reason to believe that the LicencePlate Number of a vehicle registered for use of Automatic CameraPark (as defined below) ismisused;• the car that the Customer is using through a third party (e.g., a leasing company) is returnedto the third party;• a Mobile phone, on which the User has installed the App, or a vehicle in which the User hasinstalled 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 or the User’s user account, orupdate the Customer’s or the User’s registered information.The Customer and the User, respectively, shall also keep EasyPark notified of any othercircumstances of importance to the Agreement and/or the provision of the Services.3.3.9 In addition to what is set out in the Agreement, the Customer and the User, respectively, shall complywith any reasonable instructions given by EasyPark from time to time.3.3.10 The Customer and the User, respectively, is responsible for procuring that the (a) Mobile phone, or(b) other technical equipment (e.g., a vehicle’s infotainment system) used by it in relation to theServices functions properly and is compatible at all times with (i) the EasyPark System, (ii) theServices, (iii) the App, (iv) the Car App, and (v) the Portal, as applicable. The Customer and the User,respectively, is also responsible for procuring that the App and the Car App are duly updated, ifapplicable. The performance requirements applicable from time to time in relation to the EasyParkSystem, the Services, the App, the Car App and the Portal, are available on the Website.
73.3.11 The Customer accepts that invoices, as the case may be, and other financial documents are sent byemail and/or provided through the Customer’s Business Self-Service.3.3.12 The Customer and the User may only use the Services, the EasyPark System and the EasyParkaccount in accordance with the Agreement, and any misuse by the Customer or the User (including,as the case may be, allowing any third party’s misuse) of the Services, the EasyPark System and/orthe Customer’s EasyPark account is strictly prohibited.4 Special terms and conditions for the Parking Service4.1 General4.1.1 Through the Parking Service, the User 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 User may in relation to certainParking 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), whereby the Userreceives a notification in the App, and is ended automatically in the EasyPark System when thevehicle leaves the Parking Lot. If the CameraPark System is not fully automated, the User mustactivate a parking manually in the EasyPark System (e.g., through the App), whereby the start timeautomatically will be set to the time when the relevant vehicle entered the relevant Parking Lot, butthe parking is ended automatically in the EasyPark System when the vehicle leaves the Parking Lot.The Customer and User are responsible for checking whether Automatic CameraPark is available fora given Parking Lot. Areas with Automatic CameraPark are marked with a camera symbol in theApp.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 and the User are referred to the relevant P-operator.4.1.4 By activating and using CameraPark the Customer:• confirms that it is an authorized user of the vehicle for which CameraPark is activated;• understands that it is obliged to disable the license plate number for CameraPark if it is nolonger an authorized user of the related vehicle;• understands that adding a license plate number to its account for CameraPark is at theCustomer’s own risk and account;
8• understands that the total costs for a parking session, also including the applicable EasyParkservice fees, will be calculated when the relevant vehicle exits the Parking Lot and will beautomatically debited using the payment method the Customer has chosen;• understand that allowing push notifications in the App is not obligatory but it can help to keepthe Customer informed about ongoing parking sessions and/or when one of the vehicles in theCustomer’s account is enabled or disabled for Automatic CameraPark;• understand that only Parking Lots with a "camera symbol" in the App support AutomaticCameraPark;• understands that Parking Lots 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 User needs aresidential/parking permit provided by the P-Operator. The User is responsible for procuring that theUser holds a relevant residential/parking permit. When using the Parking Service forresidential/permit parking, the User 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 the User’susage, such as the amount of parking time. EasyPark does not have control over these factors, whichmay change from time-to-time. The Parking Cost does not include any EasyPark service fee that maybe applicable in accordance with section 8 below. When providing the Parking Service, EasyPark willcollect the Parking Cost due (including VAT, if applicable) from the Customer and transfer theamount 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 User may choose toreceive a reminder from EasyPark at a certain time before a preliminary set or fixed parking timeends. The User is always responsible for ending or extending a parking session that has been startedvia the Parking Service, irrespective of whether the User has chosen to receive a reminder andirrespective 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.
94.2.2 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 User mustactivate the Automatic CameraPark service for such vehicle, via the App, the Portal or the BusinessSelf-Service, and register the vehicle’s Licence Plate Number. The User is responsible for specifyingthe correct Licence Plate Number. If the User also has a consumer user account with EasyPark, itmust select, which account any Automatic CameraPark parking shall be registered to before enteringthe gate.4.2.4 The User 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 User shall check that a confirmationof 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 User starts a parking session through the Parking Service, the User shall specify the parkedvehicle’s Licence Plate Number and the relevant Parking Lot, unless an EasyPark Card or AutomaticCameraPark is used. If the User uses the App’s or the Car App’s positioning function or CameraPark,the User shall ascertain that the proposed Parking Lot is in fact the Parking Lot, on which the Userhas parked. The User is responsible for specifying the correct Parking Lot and Licence Plate Number,irrespective of whether such information has been proposed through the App’s or the Car App’spositioning function or through the use of Automatic CameraPark. EasyPark assumes no liability ifthe 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, if the P-operator so requires, theUser shall have a residential/parking permit attached to the front window of the parked vehicle ifrequired by the relevant P-operator. Please contact the P-operator to receive information on whether avisible residential/parking permit is required.4.3 The Customer’s and the User’s undertakings and responsibility4.3.1 The Customer and the User shall always comply with applicable laws and regulations, and the rulesestablished by the relevant P-operator at any given time, or which are otherwise applicable in relationto the Parking Lot where the User parks the vehicle.4.3.2 The User is responsible for starting the parking session correctly and ascertaining that the specifiedParking Lot and Licence Plate Number are correct, as set forth in section 4.2.5.
104.3.3 The User is responsible for procuring that a started parking session is ended or extended as the casemay be. If the User did not state a preliminary end time or a total parking time when the parking wasstarted, the User is responsible for ending the parking manually. If the User is using CameraPark, theUser shall check that a started parking has ended when the relevant vehicle leaves the relevantParking Lot, and notify EasyPark’s customer service, if it has not ended automatically.4.3.4 If the User is using CameraPark, the User is responsible for procuring that the relevant vehicle’s numberplates are clean, not damaged and otherwise in a readable condition when the vehicle enters and leavesthe 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 User, or failure, disruption or delay in telephone, Internet, other communication network, or aCameraPark System, or the GPS function, the User or the Customer, as the case may be, isresponsible for making proper payment for the relevant parking session to the P-operator in any otherway instructed by the P-operator (e.g., by payment in relevant parking meter). If the User in such acase does not make payment in any such other way, the User risks to be issued a parking fine, or a feeor a charge for incorrect parking.4.3.6 The Customer and the User are jointly and severally responsible for deactivating the AutomaticCameraPark service in relation to a vehicle, if the Customer or the User no longer wants to use suchservice in relation to such vehicle (e.g., if the vehicle has been sold or lended, or, in respect of leaseand rental cars, when the relevant rental or lease period has ended). If the Customer or User is unableto deactivate Automatic CameraPark, the Customer or User is responsible for either making EasyParkduly aware of this or shall refrain from using areas with Automatic CameraPark. Failure to deactivateAutomatic CameraPark does not relieve the Customer of its payment obligation under thisAgreement.4.3.7 The Customer or the User, as the case may be, is responsible for any parking fines and fees or chargesfor incorrect parking (which may be notified or collected in connection with parking violations), andthe payment thereof. Any parking violation is a matter between the Customer or the User, as the casemay be, and the relevant P-operator or the police authority. EasyPark remains neutral in suchdisputes. However, EasyPark may at its sole discretion provide information to the disputing parties.5 Special terms and conditions for the Charging Service5.1 General5.1.1 Through the Charging Service, the User 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.
115.1.2 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 User is charging an electric vehicle and starts a Charging Session, from such timeand until the Charging Session has ended; EasyPark will (i) buy relevant electricity or charging timefrom the relevant P-operator or Partner, and (ii) re-sell the relevant electricity or charging time to theUser.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 or the electricity consumed bythe User in connection with the Charging Service (the “Charging Station”), and does not provideany technical support in relation to the Charging Station. If a Charging Station does not functionproperly or, e.g., has caused damage to the User’s vehicle, the Customer and the User are referred tothe relevant Partner or P-operator. Contact details are usually available at the Charging Station, butmay also be retrieved from EasyPark’s customer service.5.1.6 The Customer and – if applicable – the User are responsible for paying for parking fees and/orfollowing other parking rules (as applicable) set out by a P-operator or Partner in a Parking Lot wherethe Charging Station is located.5.2 The Customer’s and the User’s undertakings and responsibility5.2.1 The Customer and the User shall always comply with applicable laws and regulations, and the rulesestablished by each relevant Partner or P-operator at any given time, or which are otherwiseapplicable in relation to the User’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 User, or failure, disruption or delay in the telephone, Internet, or other communicationnetwork, the User or the Customer, as the case may be, is responsible for making proper payment forthe relevant Charging Session to the relevant Partner or P-operator in any other way instructed bysuch Partner or P-operator.5.2.3 The Customer or the User, as the case may be, is responsible for any damage caused by the Customer,the User, the relevant vehicle or other property pertaining to the Customer or the User, in connectionwith the charging of the relevant vehicle, unless otherwise provided in section 11.2.
126 Special terms and conditions for the Parking Guidance Service6.1 Through the Parking Guidance Service, the User may receive proposals regarding available ParkingLots and/or Charging Stations close to the User, through the App’s positioning function or othertechnical solution approved by EasyPark from time to time which is compatible with the ParkingGuidance Service.6.2 The Parking Guidance Service requires that the User uses the App or the 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 User to such Parking Lot/Charging Stations. EasyPark assumes no liability inthat 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 fees arestated exclusive of VAT. Parking Costs, Charging Costs and Tolls are depending on the Customer’sand the Users’ actual use of the Parking Service, the Charging Service and the Tolling Service, andare in addition to and not included in EasyPark’s prices and fees. For Users using the App or the CarApp, EasyPark will provide information regarding the basis for calculating the Parking Cost,Charging Cost 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;(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.Separate prices and fees may be charged for Additional Services (such as the Parking GuidanceService) and other additional notifications and functions, which are not included in the relevantProduct Package. If the Customer pays against invoice, an invoicing fee may apply in accordancewith the Price List.7.3 Additional Services, which currently are included in the Product Packages, or any new services, mayin the future be subject to separate fees.
137.4 Notwithstanding section 18.1, EasyPark reserves the right to change its prices and fees, includingchanges to recurring subscription fees and the Price List. Such amendments will become effective noearlier than 30 days after the Customer has been informed of the change. For Services that areremunerated by a price or fee that is calculated and charged on a transaction by transaction basis (see7.2 (b) 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 against invoice, by charging of any registered payment card, or by any otherpayment method approved by EasyPark from time to time. The Customer selects the payment methodin connection with its registration, provided, however, that payment against invoice is subject toEasyPark’s approval from time to time. For information regarding additional payment termsapplicable to each respective payment method, reference is made to the relevant payment serviceprovider or as included in this section 8.8.2 The Customer irrevocably assumes the liability to make payment for any Parking Costs, ChargingCosts or other amount incurred by any User when using the Services.8.3 EasyPark reserves the right to carry out credit assessments in respect of the Customer prior toaccepting any application for registration and during the term of the Agreement.8.4 The monthly subscription fee, if applicable in accordance with the Product Package selected by theCustomer, is charged or invoiced to the Customer, as the case may be, monthly in advance and is notrefundable. Other prices and fees (except for what is set forth in section 8.5) are charged or invoiced,as the case may be, in accordance with the payment method selected by the Customer and/or Userafter the starting or ending of the relevant Service. The Customer hereby approves any such charging,as applicable.8.5 Parking Costs and Charging Costs and EasyPark’s surcharge, if applicable in accordance with theProduct Package selected by the Customer, are typically charged or invoiced, as the case may be, (i)in connection with EasyPark having initiated the steps to arrange for the transfer of the relevantamounts regarding the Parking Cost or Charging Cost to the relevant P-operator or Partner, or (ii), ifEasyPark acts as a reseller in relation to the Charging Service, after the relevant Charging Session hasbeen ended.8.6 When payment is made against invoice, the invoice shall be paid in accordance with the paymentterms stated therein.8.7 If EasyPark, on the basis of its risk or credit assessment of the Customer, deems it necessary to do so,EasyPark may with immediate effect demand a bank guaranty or other security from the Customer.
148.8 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 timepayment 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).8.9 If payment is not made on time, EasyPark is furthermore entitled to deactivate the Customer’s andUser’s account and thus make the Service unavailable to the Customer and User until payments arereceived and the account is re-activated. For Automatic CameraPark this also implies that suchfeature is deactivated when the account goes inactive, and the Customer and/or – if applicable – theUser needs to re-activate the feature when the Service should be used again. EasyPark is notresponsible for any claim against the Customer or User, for example relating to non-payment ofapplicable parking fees, during a time when the Customer’s or User’s account was inactive.8.10 Notwithstanding section 18, EasyPark reserves the right to change the billing frequency without theCustomer’s prior consent.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 the
15monthly 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 SEPA Direct Debit collection is unsuccessful, EasyPark assigns and transfers all rights, title andinterest in the associated invoiced debt to Riverty and Riverty has the right to collect any invoicedamounts from the customer directly on its own behalf ("Transfer of Claim"). In case of suchassignment, Riverty is entitled to exercise the same rights against the customer with respect topayment as EasyPark could exercise against the customer in accordance with the agreementconcluded between the customer and EasyPark regarding its services. The claim against the customercan, at all times, unilaterally be transferred by Riverty to a third party, including a debt collectionagency.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 14.4, discontinued.
1610.2 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 and the User, respectively, acknowledges that software can never be tested in all possiblesituations and that deviation from agreed functionality and unexpected errors and disruptions mayoccur. EasyPark reserves the right to update the EasyPark System with new functions or otherwisemodify it in order to, for example, adapt it to new technology, new security standards or newadministrative 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 theAgreement, or to the User by virtue of these General Terms and Conditions. The Customer and anyUser, respectively, 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 and the User,respectively, does not have any right to copy, distribute, sell, publish, transfer, lend, sub-license,modify, or otherwise dispose of or take any action regarding the software included in the EasyParkSystem. The Customer and the User, respectively, does not have any right to engage in reverseengineering, decompilation, disassembling or in any way attempt to access the software’s sourcecode. In addition to the Customer’s and the User’s respective right to information pursuant to section3.2.1.2, the Customer and the User has no right – by itself or through others – to collect and store datafrom the App, the Car App and the Website.10.4 The Customer and the User, respectively, shall ensure that all information and materials, which aretransferred to the EasyPark System are free from damaging elements or source code or malware (suchas viruses, worms and Trojan horses). It is the responsibility of the Customer and the User,respectively, that any information which the Customer or the User, as the case may be, uploads to theBusiness Self-Service or makes available via the App, the Car App or the Portal, as the case may be,does not infringe any third party’s intellectual property or other rights and is not in conflict with anyapplicable law or regulation.11 EasyPark’s liability11.1 EasyPark’s aggregate liability in relation to the Customer during a calendar year shall in no eventexceed an amount equivalent to 10 per cent of the aggregate fees (less any Parking Costs andCharging Costs) paid by the Customer during the preceding calendar year, except if EasyPark hasacted 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.
1711.3 EasyPark is not liable for:a) loss or damage to the Customer’s or User’s vehicle or other properties while using anyParking Lots or Charging 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, or for any damagesin relation to the Customer’s or User’s, as the case may be, relationships with any thirdparty.11.4 Further, EasyPark is not liable for any damage or loss incurred by the Customer caused by:a) the Customer’s or any User’s, as the case may be, fault (toedoen) or negligence (nalaten),including that any User has (i) not correctly started or ended a Service (irrespective ofwhether the User has selected to receive a reminder from EasyPark or used CameraPark), (ii)not heeded information provided, or (iii) specified the wrong Parking Lot or Licence PlateNumber when starting a parking (irrespective of whether such information has been statedmanually or after a proposal made by the positioning function in the App or the Car App);b) the Customer or any User, as the case may be, not having discharged its duties under theAgreement or otherwise not complied with EasyPark’s instructions;c) any User having parked a vehicle in violation of applicable laws, regulations, and/or rulesestablished by the relevant P-operator, or which are otherwise applicable in relation to theParking Lot where the User 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 or any User’s (i) Mobile phone, or (ii)other technical equipment (e.g., a vehicle’s infotainment system), as the case may be, whichmay result in a parking or a Charging Session not being started or extended (whereby theUser risks, e.g., a parking fine) or not being ended correctly (whereby the Customer risks,e.g., to pay too much for the User’s parking 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 or User’s Mobile phone or other technical equipment not being able tocommunicate with the EasyPark System and a parking or a Charging Session not beingstarted or extended (whereby the User risks, e.g., a parking fine) or not being ended correctly(whereby the Customer risks, e.g., to pay too much for the User’s 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);
18h) 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 the Userarrives there;l) any User’s EasyPark Card having been lost or stolen without the Customer or User, as thecase may be, informing EasyPark thereof, or otherwise been subject to unauthorised use;m) the Customer or any User, as the case may be, not having informed EasyPark of a known orsuspected misuse of the Licence Plate Number of a vehicle registered for use of AutomaticCameraPark;n) a Mobile phone, on which the User has installed the App, or a vehicle, in which the User hasinstalled the Car App, being lost or stolen and the Customer or the User 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 or any User, as the case may be, not having deactivated the AutomaticCameraPark service in relation to a vehicle;q) unauthorised use of the Login Credentials and/or the Services,r) any action or inaction of any User; ors) Force majeure (see section 15).11.5 The Customer acknowledges and agrees that: (i) EasyPark is not liable for any damage or lossincurred by any User and (ii) it will indemnify and keep EasyPark harmless from and against anycosts, and/or damages resulting from claims brought by any User against EasyPark.12 The Customer’s liability12.1 The Customer shall indemnify and hold EasyPark harmless against any damages or losses suffered byEasyPark as a consequence of the Customer’s, or any User’s fault or negligence, the Customer nothaving discharged its duties under the Agreement or otherwise not complied with EasyPark’sinstructions, any User not having discharged its duties under these General Terms and Conditions orotherwise not complied with EasyPark’s instructions, and any action or inaction of any User.12.2 The Customer shall also indemnify and hold EasyPark harmless against any third party claims beingmade against EasyPark, which are a direct or indirect consequence of the Customer’s or any User’suse of any Service.
1913 Complaints13.1 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 and the User, as relevant, shall provide reasonable assistance toEasyPark in connection with any investigation made due to the complaint.13.2 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.13.3 EasyPark may at any time, whether prior or after the Customer has been credited by EasyPark for anyfees or other charges pursuant to section 13.2 or otherwise, require the Customer and/or User toobject to any corresponding claim of a P-operator, Partner or other third party, as the case may be, aspart of the Customer’s and User’s reasonable assistance and cooperation. In addition, pursuant toEasyPark’s written request, the Customer and User shall procure that EasyPark is allowed to handleany negotiation or dispute with any third party in relation to a dispute or potential dispute in respectof such fees or charges claimed from or credited by EasyPark. This includes granting EasyPark allauthorisations and all assistance reasonably required to enable EasyPark to defend, at its own cost,against such claim or potential claim and to agree to any settlement or otherwise compromise ordischarge such claim.14 Term, early termination, etc.14.1 The Agreement is effective from the confirmation of the Customer account registration by EasyPark(see section 1.5) until it is terminated in accordance with the terms of the Agreement, or as otherwiseagreed in writing.14.2 Unless otherwise is agreed between the Parties in the Agreement, the Customer may terminate theAgreement:a) with immediate effect, if the Customer has selected a Product Package without monthlysubscription fee; orb) as per the end of the next calendar month following the notice of termination, if theCustomer has selected a Product Package with a monthly subscription fee (in full or in part).14.3 EasyPark has the right to immediately suspend the Customer’s and any User’s access to the Services,cancel the Customer’s and any User’s respective user account and/or terminate the Agreement withimmediate effect if:a) the Customer is in material breach of any of its undertakings under the Agreement;
20b) the User is in material breach of any of its undertakings under these General Terms andConditions;c) 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;d) the Customer, according to EasyPark’s reasonable assessment, could be expected to becomeinsolvent;e) 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;f) the User uses the EasyPark System or any Service in violation of these General Terms andConditions, or in a way which may be detrimental or cause damage to EasyPark or any thirdparty;g) there is any material change in the Customer’s ownership structure;h) the User has repeatedly parked its vehicle in violation of applicable laws, regulations, and/orrules established by any relevant P-operator;i) the Customer or the User, as the case may be, has provided incorrect, incomplete ormisleading information;j) the Customer does not duly provide any guarantee or security requested pursuant to section8.7; ork) EasyPark, based on an overall assessment, considers it likely that the Customer or the User,as the case may be, may be involved in, or linked to, criminal activity.14.4 EasyPark may terminate the Agreement or stop providing the Services at any time, as a whole or inparts, subject to a notice of termination. The notice of termination is effective as per the end of thenext calendar month following the delivery of notice of termination.14.5 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 anyregistered vehicle has been sold, is temporarily deregistered, or otherwise will not be used, or if aUser is no longer associated to the Customer.14.6 Termination of the Agreement by the Customer shall be made in writing.14.7 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.15 Force MajeureEasyPark shall not be responsible or liable for failure or delay in carrying out the terms of theAgreement 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,
21restrictions in the general traffic, accident, explosion, disturbances, legislation or measures taken bygovernmental authority.16 Information, Personal Data16.1 The Customer agrees that EasyPark may identify the Customer as a customer and use the Customer'slogo and trademark in EasyPark's promotional materials. The Customer may request that EasyParkstops doing so by contacting EasyPark. The Customer acknowledges that it may take EasyPark up to30 days to process such request.16.2 The Customer acknowledges that EasyPark may share information regarding (the Customer’s use of)the 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.16.3 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 a 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 a User visits another EP Country (i.e., another country than the Netherlands), the User may use theEP Services for business purposes, provided that the Customer and the User, respectively, agrees tothe applicable general terms and conditions of the local EP Company.17.3 When using the local EP Services, the User and the Customer enters into a contractual relationshipwith the local EP Company while also remaining a Customer of EasyPark.17.4 The EP Services are provided by the local EP Company, and when the Customer/User 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 and any Special Terms andConditions. In such case, EasyPark shall promptly inform the Customer and make the new version ofthe General Terms and Conditions or the Special Terms and Conditions, as the case may be, availableto the Customer. Should the Customer or the User, as the case may be, thereafter continue to use the
22Services, the Customer or the User, as the case may be, shall be deemed to have accepted theamendments.18.2 The General Terms and Conditions and any Special Terms and Conditions applicable from time totime are available on the Website.18.3 EasyPark has the right to assign, in full or in part, its rights and/or obligations under the Agreementwithout the Customer’s consent. Furthermore, EasyPark has the right to employ sub-contractors todischarge its duties under the Agreement.18.4 The Customer may not assign its rights and/or obligation under the Agreement to any other person orentity, without EasyPark’s written consent.18.5 The User may not assign its rights and/or obligation under these General Terms and Conditions, toany other person or party without EasyPark’s written consent.19 Miscellaneous19.1 The Agreement constitutes the entire agreement between the Parties with respect to the subject matterhereof.19.2 These General Terms and Conditions constitutes the entire agreement between EasyPark and the Userwith respect to the subject matter hereof.19.3 All notices or other communications under the Agreement shall be made through the Portal, e-mailand/or the (Car)App.19.4 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.19.5 EasyPark and the User agree that, should any provision of these General Terms and Conditions beheld invalid or unenforceable, such provision and the other terms and conditions of these GeneralTerms and Conditions shall apply to the extent allowed.19.6 Neither the Agreement nor these General Terms and Conditions do confer any exclusive rights orobligations to either Party.19.7 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, these General Terms and Conditions, and any Special Terms and Conditions shall begoverned by and construed in accordance with Dutch law.20.2 The Parties agree that any dispute, controversy or claim arising out of or in connection with theAgreement, these General Terms and Conditions and any Special Terms and Conditions, respectively,or the breach, termination or invalidity thereof, shall be finally settled in accordance with the
23arbitration rules of the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut, ''NAI'') as atpresent in force, whereby:(a) the arbitral proceedings and all documents delivered to or by the arbitrators shall beconducted in English, unless the Parties agree otherwise;(b) the seat of arbitration shall be Amsterdam, the Netherlands;(c) the arbitral tribunal shall comprise 3 (three) arbitrators. EasyPark and the Customer shalleach appoint 1 (one) arbitrator and the NAI shall appoint a third arbitrator who shall be thechairman of the arbitration tribunal and who shall be a lawyer with a Dutch law degree oradmitted to practice Dutch law. If a Party has not appointed an arbitrator within 30 (thirty)days of having requested or received notice of the arbitration, such arbitrator shall beappointed by the NAI;(d) the arbitral tribunal shall decide in accordance with the rules of law; and(e) the Parties shall not be precluded from applying for injunctive relief in summary proceedings(kort geding) before any competent court instead of arbitrators.21 Customer serviceEasyPark’s customer service answers questions regarding the Agreement, these General Terms andConditions, any Special Terms and Conditions, and the Services provided by EasyPark, during officehours during business days in the Netherlands.Telephone number: 085 - 0657180Email address: zakelijk@easypark.net* * *
SPECIAL TERMS AND CONDITIONS FOR THE GUEST PARKING SERVICEEffective as of 2 September 20241 General1.1 These special terms and conditions for the Guest Parking Service (the “Guest Parking Terms andConditions”) apply in addition to EasyPark’s general terms and conditions for business customers(the “General Terms and Conditions”) when EasyPark provides the Guest Parking Service (asdefined below), which is an Additional Service, to Customers in the Netherlands.1.2 The Guest Parking Service is provided in accordance with mandatory law and in accordance with:• any individually agreed terms and conditions;• these Guest Parking Terms and Conditions; and• the General Terms and Conditions.In case of deviation between the abovementioned provisions, they shall take precedent in theabovementioned order.1.3 Terms defined in the General Terms and Conditions shall have the same meaning in these GuestParking Terms and Conditions unless otherwise is explicitly stated.2 The Guest Parking Service2.1 Through the “Guest Parking Service”, the Customer is able to, through the Portal, notifythe relevant P-operator of when a parking made by a customer of the Customer (a “Third-partyUser”) starts and ends, and if necessary, extend the parking time. However, in relation to certainParking Lots, as indicated in the Portal, the Customer can only notify the P-operator of a fixedparking time, which cannot be prematurely ended or extended.2.2 The Guest Parking Service also includes the collection by EasyPark of the relevant Parking Cost fromthe Customer and the transfer of the amount to the relevant P-operator, in connection with theCustomer ending a parking, or alternatively, starting a fixed parking time via the Guest ParkingService.2.3 The Customer is responsible for any Third-party User’s parking via the Guest Parking Service(including, but not limited to, the liability to make payment for such use, as the case may be), andshall procure that such use is in accordance with the Agreement. The Customer shall inform anyThird-party User of the contents of the General Terms and Conditions and these Guest Parking Termsand Conditions from time to time, and shall procure that the Third-party User’s parking via the GuestParking Service complies with the General Terms and Conditions, these Guest Parking Terms andConditions and any instructions given by EasyPark from time to time. The Customer is responsiblefor any fault, negligence or breach by any Third-party User.3 Access to the Portal, etc.A pre-condition for the Customer to gain access to the Portal is that EasyPark has approvedthe Customer for the use of the Guest Parking Service. Such approval may be granted upon theCustomer’s request.
254 Terms of use4.1 The Guest Parking Service can only be used at Parking Lots, which:(i) at any given time are specified in the list “EasyPark works here”, which is available on theWebsite; 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, and(iii) are not indicated as non-compatible with the Guest Parking Service in the Portal.4.2 When using the Guest Parking Service, the Customer shall start a parking by activation via the Portal.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 Portal.4.3 When using the Guest Parking Service, the Customer shall in connection therewith specify the parkedvehicle’s Licence Plate Number and the relevant Parking Lot. The Customer is responsible forspecifying the correct Parking Lot and Licence Plate Number. EasyPark assumes no liability if thewrong Parking Lot or Licence Plate Number has been specified (see section 6.1.1a)).4.4 EasyPark provides information regarding parkings made by a Third-party User in the Portal, and suchinformation is generally stored for at least twelve months.5 The Customer’s undertakings and responsibility5.1 The Customer shall always comply, and shall procure that any Third-party User always complies,with applicable laws and regulations, and the rules established by the relevant P-operator at any giventime, or which are otherwise applicable in relation to the Parking Lot where the Third-party Userparks the vehicle.5.2 The Customer is responsible for starting the parking correctly and ascertaining that the specifiedParking Lot and Licence Plate Number is correct, as set forth in section 4.3.5.3 The Customer is responsible for procuring that a started parking is ended. If the Customer did notstate a preliminary end time or a total parking time when the parking was started, the Customer isresponsible for ending the parking manually.5.4 If the Guest Parking Service is not available or is out of function when the Third-party User shallpark or at any time during the Third-party User’s parking (e.g., due to reasons attributable to thetechnical equipment used by the Customer, or failure, disruption or delay in telephone, Internet, orother communication network), the Third-party User or the Customer, as the case may be, isresponsible for making proper payment to the P-operator in any other way instructed by the P-operator (e.g., by payment in relevant parking meter), whereby EasyPark for the avoidance of doubt,will not be providing the Customer with any Guest Parking Service in relation to such parking.5.5 The Customer or the Third-party User, as the case may be, is responsible for any parking fines andfees or charges for incorrect parking (which may be notified or collected in connection with parkingviolations), and the payment thereof. Any parking violation is a matter between the Customer or the
26Third-party User, as the case may be, and the relevant P-operator or the police authority. EasyParkremains neutral in such disputes, however, EasyPark may at its sole discretion and extent provideinformation to the disputing parties.6 Liability6.1 EasyPark’s liability6.1.1 In addition to the limitation of EasyPark’s liability pursuant to section 11 of the General Terms andConditions, EasyPark is not liable for any damage or loss incurred by the Customer caused by:a) the Customer’s or any Third-party User’s fault or negligence, including that the Customerhas (i) not correctly started or ended a Guest Parking Service, or (ii) specified the wrongParking Lot or Licence Plate Number when starting a parking;b) any Third-party User having parked a vehicle in violation of applicable laws, regulations,and/or rules established by the relevant parking operator, or which are otherwise applicablein relation to the Parking Lot where the Third-party User parks the vehicle; orc) any action or inaction of any Third-party User, as the case may be.6.1.2 EasyPark is not liable for any damage or loss incurred by any Third-party User.6.1.3 EasyPark is not liable for any damages in relation to any Third-party User’s relationships with anythird party.6.2 The Customer’s liability6.2.1 The Customer irrevocably assumes the liability to make payment for any Parking Cost incurred byany Third-Party User, when using the Guest Parking Service.6.2.2 In addition to section 12 of the General Terms and Conditions, the Customer shall indemnify andhold EasyPark harmless against any damages or losses suffered by EasyPark as a consequence of anyThird-party User’s fault or negligence, and any action or inaction of any Third-party User.7 Miscellaneous7.1 Irrespective of section 10.3 of the General Terms and Conditions, the Customer may use the GuestParking Service for commercial purposes.7.2 In addition to section 13 of the General Terms and Conditions, the Customer shall procure that anyThird-party User provides reasonable assistance to EasyPark in connection with any investigationmade due to a complaint.7.3 In addition to section 14.3 of the General Terms and Conditions, EasyPark has the right toimmediately suspend the Customer’s and any User’s access to the Services, cancel the Customer’sand any User’s respective user account and/or terminate the Agreement with immediate effect if:a) Third-party Users have repeatedly parked vehicles in violation of applicable laws,regulations, and/or rules established by any relevant P-operator; orb) EasyPark, based on an overall assessment, considers it likely that any Third-party User maybe involved in, or linked to, criminal activity.