GENERAL TERMS AND CONDITIONS HOTELPARKING B.V.
These General Terms and Conditions apply to the Services provided by Hotelparking. They form part of any Agreement concluded between Hotelparking and a Driver.
General Terms and Conditions: these General Terms and Conditions;
Services: picking up the Vehicle, parking the Vehicle in the car park of Hotelparking and returning the Vehicle at the agreed time;
Hotelparking: the private company with limited liability [B.V.] Hotelparking B.V., registered in the trade register under number 53915011;
Agreement: the full arrangements made between the Driver and Hotelparking, consisting in the parking form, these General Terms and Conditions and the contents of the Website;
Driver: the owner/user of a Vehicle, who provides proof of his or her identity by means of a driver’s licence and the green card of the Vehicle;
Parking form: the form on which the Driver enters his or her personal data as well as the data of the Vehicle;
Parking fee: the amount to be paid by the Driver for using the Services provided by Hotelparking;
Parties: a Driver and Hotelparking jointly;
Vehicle: the passenger car presented by the Driver;
Website: the website with the domain name http://www.hotelparking.nl.
2.1. These General Terms and Conditions apply to the legal relationship between Hotelparking and the Driver, including, but not limited to, the Agreement. These General Terms and Conditions form an integral part of the Agreement.
2.2. By completing the Parking form the Driver accepts the applicability of these General Terms and Conditions. Hotelparking will make these General Terms and Conditions available to the Driver before or upon concluding the Agreement in such a way that they may be kept and inspected at any moment in the future.
3.1. An Agreement is formed the moment a Driver has completed the Parking form in full and the Parking form has been signed as correct by Hotelparking.
3.2. The Driver guarantees that the information he or she has provided on the Parking form is complete, accurate, correct and up to date and that he or she is authorized to present the Vehicle in order to be parked. The Driver bears full responsibility and liability for the consequences of any incorrect data.
3.3. The Driver guarantees that the Vehicle is properly insured and that the Vehicle has enough fuel for the Services of Hotelparking to be carried out.
3.4. The Driver guarantees that he or she may be reached at the telephone number he or she has provided during the time he or she makes use of the Services of Hotelparking.
3.5. It is the Parties’ express intention not to conclude a custody agreement when entering into this Agreement. The Agreement does not include guarding the Vehicle nor does Hotelparking assume any liability for damage to the Vehicle, its contents or anything fitted on or to the Vehicle, nor for the Driver of the Vehicle and its fellow-passengers.
4. Parking fees
4.1. The Parking fees are charged in accordance with the rate determined by Hotelparking:
• EUR 30 for the first 24 hours (including collection and return)
• EUR 25 for each subsequent period of 24 hours
• EUR 40 for busses up to 5 meters for each period of 24 hours
• the prices for busses longer than 5 meters are on request
• EUR 2 for every hour the Vehicle is parked after a 24-hour period, for which purpose a part of an hour will be regarded as a full hour, with a maximum of EUR 20
• early return of the Vehicle: EUR 10
• returning the Vehicle after closing time: EUR 50.
4.2. Hotelparking is at all times entitled to alter its rates.
4.3. When a parking period is agreed in advance and the Driver wishes to extend this period before its expiry, the rate mentioned in 4.1 shall apply automatically.
4.4. If the Driver is unable to produce a copy of the Parking form, the full 24-hour rate is due for each day, or part thereof, he or she has in the opinion of Hotelparking made use of its Services.
5.1. Parking fees must be paid in cash before the Vehicle is returned to the Driver, unless a different method of payment has been agreed.
5.2. If the Driver is unable to pay the Parking fee due and no other method of payment has been agreed, Hotelparking will exercise its right of retention and retain the Vehicle. The rate as listed in article 4.1. of these General Terms and Conditions shall remain applicable in full for the period the Driver fails to comply with his or her payment obligation and the Vehicle is retained by Hotelparking.
5.3. If a different method of payment has been agreed between Hotelparking and the Driver and no payment is made within the agreed period, the Driver shall automatically be in default without further notice of default being required. In that case default interest shall be owed by the Driver in the amount of 1% of what is owed each month by way of principal, for which purpose a part of a month will be regarded as a full month. In addition the Driver shall owe extrajudicial collection costs in the amount of 15% of the principal, plus default interest.
6.1. Hotelparking shall not be in default until written notice of default has been given to Hotelparking by the Driver by means of a registered letter.
6.2. Hotelparking accepts no liability whatsoever for theft or the loss of items of property owned by the Driver and/or other passengers of the Vehicle, nor for any other items in the possession of the Driver and/or the passengers, nor for any animals that are the responsibility of the Driver and/or other passengers. No liability is accepted either by Hotelparking, regardless of the nature of the damage, for bodily harm suffered by the Driver and/or his or her fellow passengers and/or any animals travelling in the Vehicle, nor for any other damage caused either directly or indirectly by or as a result of the use of the Services provided by Hotelparking.
6.3. Any liability on the part of Hotelparking shall be limited to the amount paid out in the case in question under the insurance arranged by Hotelparking. Hotelparking has taken out the following insurance policies in any case: Business Liability Insurance, Client Property Insurance and Third Party Liability Insurance for Motor Vehicles.
6.4. To the extent that no cover is provided by the insurance arranged by Hotelparking, Hotelparking may be held liable only for any direct, purely financial loss suffered by the Driver and/or third parties. Hotelparking shall not be liable for any other type of damage, such as personal injury, immaterial damage, consequential damage, lost profits, business interruption or loss of data, unless liability on the part of Hotelparking arises from mandatory law.
6.5. Hotelparking shall not be liable for any damage caused by third parties whose services are used by Hotelparking.
6.6. The Driver shall indemnify Hotelparking and hold that party harmless from and against any claims from third partier, whatever the cause, resulting from any acts and/or omissions on the part of the Driver.
6.7. The Driver shall be liable for any and all damage caused by him or her due to or as a result of the use of the Services, such as damage resulting from a leaking Vehicle.
7. General provisions
7.1. If at any moment Hotelparking does not demand performance of one or any of the provisions of the Agreement, this does not mean that Hotelparking has waived their applicability, nor does Hotelparking indicate with this that it has consented to the Driver’s non-compliance with one or any of these provisions of the Agreement.
7.2. The voidness, voidability or other unenforceability of a provision of the Agreement shall not affect the validity of the other provisions of the Agreement. If a provision of the Agreement should be void, voidable or otherwise unenforceable, Hotelparking will within a reasonable term provide for a new provision whose legal effect will as much as possible reflect the original intention envisaged by Hotelparking.
7.3. The Dutch text of these General Terms and Conditions shall prevail over any translations thereof.
7.4. These General Terms and Conditions have been filed with the trade register of Amsterdam under number 53915011.
8. Governing law, competent court
8.1. The legal relationship between the Driver and Hotelparking shall be governed exclusively by Dutch law.
8.2. The Amsterdam District Court is the court of exclusive jurisdiction to determine any disputes that may arise between the Driver and Hotelparking.