General Terms and Conditions PaanZEE

Version of 1 August 2019

Access to the parking facility is granted exclusively under the following terms and conditions, which form part of each parking agreement concluded with the owner.

These terms and conditions also apply to any other agreement with or service from the owner to which the owner has declared these terms and conditions applicable.

Deviations from and additions to these terms and conditions only apply if and in so far as they have been explicitly accepted in writing by the owner.

1. Definitions

o Parking Facility:
The car park situated behind the payment kiosks/barriers, with associated grounds and areas, known locally as Zeeweg 8 in 1901 NZ Castricum.

o Owner:
PaanZEE bv, in its capacity of owner, operator or manager, and/or its representatives or staff.

o Facility User:
The person leaving his or her Vehicle in or on the Parking Facility. For the purpose of this agreement, the term ‘facility user’ extends to occupants of a Vehicle other than the owner or driver.

o Subscription Holder:
The holder of a Subscription giving the right to use the Parking Facility during an agreed period and on agreed conditions.

o Subscription:
The right to use the Parking Facility during an agreed period and on agreed conditions.

o Parking Card:
The means designated by the Owner – such as a parking ticket, voucher, mobile application or other similar means – which gives access to the Parking Facility and enables the Owner to establish the time of entry to the Parking Facility. In the context of the agreement, electronic registration upon entry by means of a credit card or chip card is considered equivalent to a Parking Card, as is a contactless connection between the Vehicle and the Parking Facility upon entry.

o Parking Fee:
The amount owed by the Facility User for the use of the Parking Facility. For Subscription Holders, the Parking Fee consists of the agreed payment for the Subscription. For other parking products, the Parking Fee consists of the agreed fee per product.

o Parking Agreement:
The agreement between the Owner and the Facility User, which is automatically entered into as soon as the Facility User has paid the Parking Fee and/or brings the Vehicle to the Parking Facility.

o Parking Rate:
The amount that applies per day for parking at the Parking Facility, as displayed at the entrance of the Parking Facility and on www.PaanZEE.nl.

o Opening Hours:
The hours during which the Parking Facility is accessible for use against payment of the Parking Fee, as displayed at the entrance of the Parking Facility and on www.PaanZEE.nl

o Parking Management System:
The system consisting of hardware and software which is used for access control, payment transactions, entry and exit control and the provision of management information in relation to the Parking Facility.

o  Vehicle:
A passenger car which requires a Category B driving licence.

2. Parking Agreement
2.1. Access to the Parking Facility is only granted subject to these conditions, which form part of every Parking Agreement concluded with the Owner.
2.2. If no use is made of a Parking Card belonging to a Subscription, a Parking Agreement is deemed to have been formed by merely holding a Parking Card, the payment of the Parking Fee or by the mere use of the Parking Facility. In the event of a disagreement about whether the Parking Facility is being used or has been used, the decisive factor will be whether the Facility User is present or has been present at the site behind the barrier of the Parking Facility or the registration of his/her entry by the Parking Management System or the Facility User is in the grounds and areas of the Parking Facility.
2.3. The articles laid out in these general terms and conditions may also be invoked vis-àvis the Facility User by the manager(s) of the Parking Facility, in so far as this is not the same party/parties as the Owner. This clause is irrevocable.

3. Owner’s obligation
The Owner has the sole and exclusive obligation of making an arbitrary parking space for one Vehicle available in the Parking Facility to the Facility User, provided that sufficient spaces are available. There is no guarantee of a parking space, unless explicitly stated in the product description. In the case of a voucher (always linked to a fixed date), a guaranteed parking space is offered, but the Owner cannot guarantee the accessibility of the Parking Facility (for example on busy days). The Owner’s obligation to provide a parking space does not include surveillance of the Vehicle, nor does the Owner’s obligation entail any form of liability.

4. Access requirements
4.1. A person and/or Vehicle may only enter the Parking Facility with a valid Parking Card.
4.2. Only Vehicles with a maximum length of 7 m, a maximum wheelbase of 1.90 m, a
maximum weight of 2,800 kg and a maximum height as displayed at the entrance (indication: 2.80 m), will be admitted to the Parking Facility.
4.3. It is not permitted to drive motorbikes, lorries and/or trailers of any kind, including caravans, into or onto the Parking Facility. Horse trailers and dustbin lorries of contracted parties charged with rubbish collection are the exception to this rule. These may be driven into or onto the Parking Facility and must be parked in the designated spaces.
4.4. The Owner is entitled to deny any Vehicle access to the Parking Facility if the Owner considers this desirable in accordance with the principles of reasonableness and fairness. This will apply, for example, if the Owner believes that the Vehicle may cause damage to its environment, in the broadest sense, in view of its size and/or weight or the items it carries. The Owner is also entitled to deny Vehicles access to the Parking Facility if the Owner knows or suspects that a Vehicle is carrying explosive or other hazardous substances, not including engine fuel in the appropriate reservoir of the Vehicle.
4.5. Vehicles parked at the Parking Facility must meet the same conditions as Vehicles parked on public roads (part II / third-party insurance, etc.).

5. Use of the Parking Facility
5.1. The Facility User enters and uses the Parking Facility entirely at his/her own risk. The Facility User must exercise due care at all times.
5.2. The Facility User is obliged to comply with the instructions of the Owner and its staff (including signposting and direction of travel). The maximum speed at the Parking Facility is 15 km/hour (crawl).
5.3. The Parking Facility is subject to the provisions of the Road Traffic Act (Wegenverkeerswet), any further rules laid down pursuant to this Act, the Road Traffic and Traffic Signals Regulations (Reglement verkeersregels en verkeerstekens) and the associated annexes, as well as the further rules laid down pursuant to these regulations. The Facility User must behave in compliance with and the Vehicle must comply with the aforementioned provisions and rules. In the event of noncompliance, the Facility User will be liable for the resulting damage.
5.4. During Opening Hours, as displayed at the entrance to the Parking Facility and on www.PaanZEE.nl, the payment kiosk is open and access to the Parking Facility is granted upon receipt of payment of the Parking Fee. The Parking Facility is freely accessible outside these Opening Hours.
5.5. The Facility User must park the Vehicle in marked spaces in parking bays and behave in such a way that traffic in and near the Parking Facility is not obstructed and safety is not compromised.
5.6. It is not permitted for anyone other than the Owner to:
5.6.1 use the Parking Facility for purposes other than parking Vehicles;
5.6.2 spend the night at the Parking Facility;
5.6.3 offer, sell, rent out or distribute goods or services on or near the Parking Facility;
5.6.4 install advertising signs in or to the Parking Facility;
5.6.5 light a fire at the Parking Facility;
5.6.6 climb over the fences and enter the nature conservation area;
5.6.7 stay in the Vehicle for a longer period than is required to park the Vehicle. After the Vehicle has been parked it should be locked, the lights should be extinguished, the engine should be switched off and the occupants should leave the Vehicle and the Parking Facility;
5.6.8 perform repairs or other work to the Vehicle at the Parking Facility, or arrange for this to be done, unless express consent for this has been granted by or on behalf of the Owner;
5.6.9 leave waste on or at the Parking Facility other than litter in the designated bins;
5.6.10 leave animals and/or persons unattended in the Vehicle.
5.7. The Owner is entitled, if its deems this necessary, to move Vehicles and/or persons within the Parking Facility and/or remove them or have them removed from the Parking Facility, without this resulting in any liability on the part of the Owner, its representatives or staff. In assessing the necessity of moving and/or removing Vehicles and/or persons, the Owner will take account of the principles of reasonableness and due care.
5.8. The Owner has a zero-tolerance policy with regard to transgressive behaviour in the form of vandalism, verbal and non-verbal violence. The Owner reserves the right to refuse access if, in the opinion of the Owner, there is such behaviour.
5.9. The maximum uninterrupted parking time is 14 days. After the expiry of this maximum period, the Facility User will owe not only the Parking Rate that is normally applicable but also a penalty of EUR 25.00 per day for each day that the Parking Facility is still being used after the expiry of the maximum period, without any notice of default being required and without prejudice to the Owner’s right to claim compensation on top of that.
5.10. The Facility User with a 100% electric or hybrid Vehicle, who uses the charging station in the car park, must move his Vehicle to a normal parking space when the Vehicle is charged. Charge up and move on.
5.11. There are a number of disabled parking spaces at the Parking Facility. Facility Users who have a disability card and who use the Parking Facility or the disabled parking spaces are fully subject to the provisions on the Parking Fee and payment referred to in Article 6. The disability card has to be place clearly visible under the wind screen. Cars without a disability card are prohibited from using the disabled parking spaces.

6. Parking Fee and payment
6.1. Unless he or she has a Subscription, the Facility User owes a Parking Fee for using the Parking Facility in accordance with the rates and in the manner displayed at the entrance and on the website of the Parking Facility. If there is a difference in rates specified online and on site, then the rates displayed online (website) are leading.
6.2. The Parking Fee owed must be paid before the Facility User drives his/her Vehicle into the Parking Facility, unless a different arrangement has been made.
6.3. After paying the Parking Fee owed, the Facility User will, upon request, be issued with a receipt.
6.4. The Parking Fee owed gives access to the Parking Facility on a one-off basis and expressly counts as a ‘one-time entry card’. Accordingly, the Facility User is not permitted to exit and subsequently re-enter the Parking Facility using the receipt.
6.5. The practice known as “piggybacking”, whereby two Vehicles drive through the barrier into the Parking Facility in quick succession while paying the Parking Fee only once, is strictly prohibited. In that case, the Facility User will incur an immediately due and payable penalty of EUR 1,000, without prejudice to the Owner’s right to claim compensation for any actual damage (including consequential damage) suffered.
6.6. The Owner is at all times at liberty to adjust the Parking Rates and the times at which a Parking Fee is owed.

7. Liability
7.1. The Owner’s obligation does not include surveillance of the Vehicle. The Owner is not liable for damage, theft or loss of the Vehicle and the Facility User’s other personal property.
7.2. The Owner is not liable for any damage whatsoever to the Facility User’s property, or for personal injury and/or any other damage caused directly or indirectly by or as a result of the use of the Parking Facility, unless the damage is caused directly by or because of the Owner and/or the staff present in the Parking Facility and this liability has not been excluded in any other article of these general terms and conditions and the agreement concluded with the Facility User.
7.3. The Owner is not obliged to compensate damage in the event of force majeure. Force majeure is understood to mean in any case a circumstance beyond the Owner’s control as a result of which the Facility User may no longer reasonably require the Owner to fulfil its obligations under the agreement. Such circumstances in any case include industrial action, fire, government measures, operational breakdowns, bad weather conditions such as heavy rain, hail, sleet or snow, as well as a third party’s failure to comply. Force majeure is also understood to mean an emergency situation in which a person or animal needs to be freed by or on behalf of the Owner from a fully or partly closed Vehicle. Any costs incurred by the Owner as a result of benevolent intervention must immediately be reimbursed to the Owner by the Facility User.
7.4. The Facility User is liable for all damage caused by him/her. Any damage caused by the Facility User to the Parking Facility or the associated equipment and installations must be compensated on the spot, unless the Facility User can offer sufficient security that the damage will be compensated, this at the Owner’s discretion. The report of an expert designated by the Owner will be decisive in determining the amount of the compensation. The costs of preparing the report will be payable by the Facility User. If the Facility User fails to report the damage to the Owner before exiting the Parking Facility, the Owner will be entitled to hold the owner/holder of the registration certificate for the Vehicle concerned liable for the damage.
7.5. The limitations of liability listed in this article may also be invoked against the Facility User by the manager(s) and owner(s) of the Parking Facility, insofar as these are not the Owner. This clause is irrevocable.

8. Non-compliance
8.1. If the Facility User fails to fulfil any of his/her obligations under the law, the local bylaws and customs and/or the agreement concluded with him/her, including the applicable conditions, the Facility User will be obliged to compensate the Owner for all the damage sustained and to be sustained by the latter as a result of the above error, omission or any other failure.
8.2. If the Owner is compelled to have a demand, notice of default or any other writ of summons issued to the Facility User, or in the event of necessary legal action against the Facility User, the Facility User will be obliged to compensate the Owner for all the judicial and extrajudicial costs which the latter incurs for that purpose, including the costs of legal assistance.
8.3. The Owner is at all times entitled to maintain possession of the Facility User’s Vehicle and/or to take appropriate measures to that end, such as wheel clamping, for as long as the Facility User has not paid all the amounts he/she owes to the Owner.
8.4. If the Facility User does not comply with the rules laid down in these conditions, the Owner is also entitled to:
8.4.1 temporarily or permanently deny the Facility User access to the Parking Facility, and/or
8.4.2 impose a fine of EUR 250 per violation on the Facility User (to the extent that no other penalty amount is specified elsewhere in the general terms and conditions), and/or
8.4.3 call the police to the extent that and if this is deemed necessary by the Owner and/or its representatives or staff.
8.5. If the Facility User has left a Vehicle at the Parking Facility for a period of more than 14 days and is unwilling or unable for whatever reason to remove the abandoned Vehicle, despite a written request or demand from the Owner, the Owner may have the abandoned Vehicle removed from the Parking Facility within 14 days of the request or demand and store it elsewhere (in the event that the Facility User’s address cannot be traced despite reasonable efforts to do so, it will be sufficient to leave a clearly visible request for removal under one of the Vehicle’s windscreen wipers). If the Facility User fails to collect the Vehicle within three months of the request or demand, the Owner will be entitled to sell or destroy the Vehicle. In that case, the Owner will be obliged only to pay the Facility User the sales proceeds less the Parking Fee owed, any penalty and the costs incurred by the Owner for the removal and temporary storage of the Vehicle. If the Parking Fee owed, any penalty and the Owner’s costs exceed the proceeds from the sale of the Vehicle, the Facility User must compensate the Owner for all these costs.

9. Privacy
9.1. Video surveillance is in operation at the Parking Facility, for instance at the entry and exit and at the pay machines, in order to discourage theft, vandalism and to enforce the provisions stated in the general terms and conditions.
9.2. Vehicles entering and exiting the Parking Facility are monitored by a number plate recognition system for the purposes of granting access, payment and the provision of management information. The licence plate number is registered in the Parking Management System.
9.3. The Owner has adopted a Privacy Statement explaining how the Owner handles personal data. This Privacy Statement can be downloaded from the website www.PaanZEE.nl and is also available upon request.

10. Other provisions
10.1. Arrangements made with staff of the Owner will not be binding upon the latter in so far as they have not been confirmed in writing by an authorised representative of the Owner. In this context, staff includes all employees and staff members who do not have representative authority.
10.2. In so far as any clause of the agreement concluded between the Owner and the Facility User, including these general terms and conditions, is void or voidable, or the other party argues that a particular clause is not applicable because this would be unacceptable in the given circumstances according to the standards of reasonable and fairness, and this argument is upheld or accepted in court, the relevant clause must be converted into a clause which does justice to the purpose of the void, voided or non-applicable clause to the greatest possible extent. This will not affect the effect of the other clauses of the agreement, including these general terms and conditions.
10.3. The Owner may amend these terms and conditions at any time. The amended conditions are always released on the www.PaanZEE.nl website.
10.4. These terms and conditions are governed by Dutch law.
10.5. The Owner has adopted a complaints procedure and will handle any complaints submitted in accordance with this procedure. Complaints about the implementation of a Parking Agreement must be submitted to the Owner, clearly worded, within two weeks after the Facility User establishes facts or circumstances about which he/she wants to make a complaint. A complaint may be submitted by letter/email, to the Owner’s address or by means of the contact form on the Owner’s website (www.PaanZEE.nl). After submitting a complaint to the Owner, the Facility User will receive a confirmation of receipt within 14 days, counting from the date on which the complaint is received. The basic premise is that the Owner must provide a substantive response to the complaint within four weeks of receiving it. If the complaint requires a foreseeably longer processing period, for instance because it requires further investigation, the Facility User will receive a (written) indication as to when the Facility User may expect a substantive response.
10.6. If a complaint has not been resolved within a reasonable period, or cannot be resolved by consultation within three months of its submission, it has evolved into a dispute. The Facility User will then be at liberty to refer this dispute for settlement to the competent court in Alkmaar.
10.7. All written notifications, including demands, arising from or relating to the agreement and the general terms and conditions should be sent to:
PaanZEE bv
PO Box 110
1906 ZJ LIMMEN
the Netherlands

11. Special provisions for Subscription Holders
11.1. These additional provisions apply exclusively to Subscription Holders.
11.2. When purchasing a Subscription via the Owner’s website (www.PaanZEE.nl), the Subscription Holder is provided with a Parking Card in the form of a contactless connection between the Vehicle and the Parking Facility, by means of which the Subscription Holder can make use of the Parking Facility. The Subscription is linked to the licence plate number submitted by the Subscription Holder. Only the specified licence plate number, registered with the RDW, gives access to the car park. Subscription Holders who want to drive in with an unregistered number plate will not be given access. They will only be able to enter through one of the normal entrances after payment of the regular Parking Fee.
11.3. The Subscription Holder is responsible for the correctness of the information registered with the Owner. If these details change, the Subscription Holder must update them via the Owner’s website (www.PaanZEE.nl). The licence plate number may only be changed a maximum of four times a year. The Owner reserves the right to request the new registration certificate and the release from liability from the Subscription Holder. The Owner will charge an administration fee of its own determination for such changes.
11.4. A Subscription is valid for 12 months beginning from the time of payment by the Subscription Holder and acceptance of the Subscription application by the Owner.
11.5. A Dogs & Horses Subscription has a duration of 7 months from the time of payment by the Subscription Holder and acceptance of the Subscription application by the Owner. The Dogs & Horses Subscription may only be used in the period from 1 October to 30 April. If the Dogs & Horses Subscription is purchased during that period (i.e. after 1 October) then the remaining days / months may be carried over to the following Dogs & Horses period starting on 1 October.
11.6. A Subscription may be extended from 3 months prior to the expiry of a Subscription. The Owner informs the Subscription Holder at various times about the expiry date of the Subscription; namely 3 months, 30 days and 3 days before the expiry of this period (by email or text message). The Subscription Holder may then purchase an extension for twelve months, starting from the date the Subscription expires. The Dogs & Horses Subscription Holder may purchase an extension for 7 months, subject to the conditions referred to in Article 11.5. If the Subscription Holder does not purchase a (timely) renewal of the Subscription, the Owner will block the Parking Card as of the expiry date.
11.7. The Subscription Holder may not terminate the Subscription prematurely.
11.8. The Subscription Holder’s Parking Card may not be transferred, rented out or otherwise made available to third parties without the Owner’s prior written consent.
11.9. The Owner is at any time at liberty to adjust the Subscription rates, on the understanding that a Subscription that has already been activated will not face an increase in price during its term.
11.10. Any amendments to the agreement with the Subscription Holder that are necessary as a result of decisions or instructions from government authorities (including instructions from the fire service) will not constitute resolutory conditions for the Subscription Holder as regards the agreement with the Owner, but will apply as if they had been included in the agreement verbatim.
11.11. In so far as this article or the agreement between the Subscription Holder and the Owner does not deviate from this, all other provisions of these general terms and conditions apply in full when using the Parking Facility based on the aforementioned agreement.