TERMS AND CONDITIONS FOR THE HEUVELPOORT CAR PARK, TILBURG

These terms and conditions are displayed in various locations within the car park and can be requested via info@heuvelpoort.nl and by calling 013 535 32 75.

Article 1. Definitions

Multi-storey car park:

The multi-storey car park, together with its associated grounds and premises (including the parking deck), locally known as the Heuvelpoort Multi-storey Car Park, Heuvelpoort 353, 5038 DW, Tilburg.

Operator:

Heuvelpoort Parkeergarage Exploitatie B.V., Heuvelpoort 308a, 5038 DT Tilburg, registered with the Chamber of Commerce under number 18072524. .

Parking attendant:

The owner and/or driver who parks a vehicle in the car park.

Passenger:

A passenger in a vehicle being driven into the car park, other than the person parking the vehicle.

Parking ticket:

A parking ticket, exit ticket, parking pass, conference pass, discount card, or any other means designated by the Operator that grants access to the car park, including an (electronic) registration using a credit card, debit card, number plate or mobile application upon entry, as well as a contactless connection between the Vehicle and the Car Park upon entry.

Parking charges:

Amount payable by the Parker for the use of the car park.

Engine:

A motor vehicle which, in order to be driven, requires a category A driving licence (including A1, A2 and A) or an AM licence, or a comparable foreign driving licence.

Passenger car:

A motor vehicle which requires a Category B driving licence, or an equivalent foreign driving licence, to be driven.

Vehicle:

A passenger car, (delivery) van, microcar or other vehicle with a top speed of 45 km.

Subscriber:

A car park user who holds a valid, active subscription.

Article 2. Access to the Car Park

2.1 – Access to the Car Park

Access to the car park is granted exclusively subject to the following terms and conditions, which form part of every parking agreement entered into between the Operator and the Parker.

2.2 – Opening hours of the car park

Vehicles may only be driven into or out of the car park during the opening hours displayed in or near the car park, or at times agreed upon separately. The operator is authorised to change these times at its own discretion for a longer period or for an indefinite period.

2.3 – Vehicle Access

Only vehicles whose dimensions and weight do not exceed the maximum limits indicated at the entrance to the car park may enter the car park. In all cases, the maximum clearance height is 2.00 metres.

2.4 – Access to trailers

It is not permitted to drive into the car park with a trailer, including a caravan.

2.5 – Access to engines

Motorcycles are not permitted in the car park.

2.5 – Refusal of a Vehicle, Parker and/or Passenger

The Operator is authorised at all times, without giving any reason, to refuse access to the Car Park to any Vehicle, Parker and/or Passenger. For example, if the Operator knows or suspects that a Vehicle is carrying explosive or other hazardous substances – excluding motor fuel in the Vehicle’s designated fuel tank – or if the Operator considers that a Vehicle, in view of its size and/or weight, or due to the items being transported therein, may cause damage to the surroundings, in the broadest sense. Furthermore, the Operator is authorised to refuse a Parker and/or Passenger access to the Car Park in the event of aggressive behaviour on the part of the Parker and/or Passenger, if the Parker and/or Passenger makes threats, or if the Parker and/or Passenger commits acts of vandalism or destruction in the broadest sense of the word, all of which is at the Operator’s sole discretion.

Article 3. Parking Agreement

3.1 – Agreement and use

A parking agreement is concluded simply by holding a Parking Ticket or by using the Car Park. In the event of a dispute as to whether the car park is already being used, the decisive factor is whether the vehicle is located behind the speed gate (electric folding barrier) within the car park.

3.2 – Subscriber

When using the car park under a subscription, it is only possible and permitted to have one vehicle parked in the car park at any one time. Subscribers may gain access to the car park using a parking pass or via automatic number plate recognition. Upon taking out the subscription, number plate recognition is recorded as the first choice. Subscribers may inform the Operator if they wish to access the car park solely by means of a parking pass.

3.3 – Operator’s obligations

The Operator undertakes solely to provide the Parker with a random parking space in the Car Park. The Operator’s obligations do not include the surveillance of a Vehicle, nor is the Operator liable in any way for the theft of a Vehicle. The Operator does not guarantee that a space for the Parker’s Vehicle will be available in the Car Park.

Article 4. Parking ticket

4.1 – Valid parking ticket

A vehicle will only be permitted to enter the car park if it has a valid parking ticket.

4.2 – Ownership of the parking ticket

A parking ticket – issued by or on behalf of the Operator – remains the property of the Operator and is non-transferable.

Article 5. Parking charges

5.1 – Parking charges

The Parker is liable to pay a parking charge for the use of the car park. The parking charge is calculated in accordance with the rates set by the Operator, as displayed in the car park and/or at the entrance to the car park.

Article 6. Payment

6.1 – Time of payment of parking fees

The parking fee due must be paid before the vehicle leaves the car park, unless otherwise agreed between the Parker and the Operator, and/or the Parker makes use of the ‘Stadsparkeren’ service offered by Stadsparkeren B.V. or the Parker is using the Parkmobile service/app. Once the parking fee has been paid, the Parker has 20 minutes to drive the Vehicle out of the car park. If the Vehicle has not been driven out of the car park within this time, a new parking period commences, for which the Parker is again liable to pay the parking fee.

6.2 – Obligation to pay parking fees

It is prohibited to drive a vehicle out of the car park before the parking fee due has been paid. If a vehicle is driven out of the car park without the parking fee due having been paid, for example by means of the so-called “train formation” (whereby the vehicle is driven so close to the one in front that the two vehicles pass under the barrier together), the Parker shall owe the Operator the rate referred to in Article 6.4, plus an additional compensation payment of €300.00 (in words: three hundred euros), all this without prejudice to the Operator’s right to claim the actual loss suffered from the Parker, and without prejudice to the Operator’s right to charge the Parker the actual parking fee, if this is higher than the rate referred to in Article 6.4.

6.3 – Detaining a vehicle

The Operator is entitled at all times to retain a Vehicle (right of retention) until all sums owed to the Operator by the Parker – whether under the parking agreement or on any other grounds – have been paid in full.

6.4 – Loss of parking ticket

If the Parker is unable to produce a Parking Ticket and the Vehicle’s registration number has not been recorded in the parking system upon entry, the Parker shall be liable, for each day or part thereof, on which, in the Operator’s sole discretion, they have used the car park, the rate for a full 24-hour period, as displayed in the car park and/or at the entrance to the car park.

Article 7. Use of the Car Park

7.1 – Conduct and obligations

The Parker and/or Passenger is obliged to follow the indicated direction of travel, to comply with instructions from the Operator’s staff, to park the Vehicle in the designated or to-be-designated space, and to behave in such a way that traffic in and/or around the Car Park is not obstructed and safety is not compromised. The Parker is obliged to park the Vehicle in such a way that it remains within the markings or reference points. The Parker is therefore expressly prohibited from parking the Vehicle in such a way that more than one parking space is occupied. If and insofar as the Parker parks the Vehicle in such a way that it occupies more than one parking space, the Operator is entitled to double the Parking Fee owed by the Parker, such that the Parker pays for the use of two parking spaces.

7.2 – Behaviour and road traffic legislation

Whilst in the Car Park, the Parker and/or the Passenger must comply with the provisions of the Road Traffic Act, the Regulations on Traffic Rules and Traffic Signs and all relevant subsidiary regulations, as well as strictly follow the Operator’s instructions and regulations, including these general terms and conditions. In the event of non-compliance, the Parker or Passenger, as the case may be, shall be liable for any resulting damage, without prejudice to any fines or additional compensation as referred to in Article 6.2.

7.3 – Locking the Vehicle

A vehicle must be properly locked whilst parked, and the lights must be switched off. The engine must be switched off whilst the vehicle is parked.

7.4 – Staying in the car park

Once a Vehicle has been parked, the occupants (namely the Parker and any Passenger) must leave the Vehicle and the Car Park. No persons other than the aforementioned occupants of a parked Vehicle are permitted to be present in the Car Park, unless they have the express permission of, or are acting on behalf of, the Operator.

7.5 – Moving a Vehicle

The Operator’s staff are entitled, if they deem it necessary or desirable, to move a Vehicle within the Car Park, and to take further measures to ensure safety and the organisation of the car park, without this giving rise to any liability on the part of the Operator and/or its staff. 

7.6 – Prohibited behaviour

You are not permitted to:

(a) to use the car park for purposes other than the parking of vehicles;

(b) smoking or lighting a fire in the car park;

(c) leaving rubbish in the car park;

(d) to sell or let goods, to offer goods for sale or to let, or to offer any services whatsoever, within the car park.

(e) to carry out (or arrange for the carrying out of) repairs or other work in the car park, or to clean (or arrange for the cleaning of) a vehicle. This provision does not cover minor repairs carried out by the Parker or by a professional emergency service to enable the Vehicle to be driven safely out of the Car Park;

(f) it is prohibited to bring into the Car Park, or to have within it, any explosive, flammable or otherwise dangerous and/or harmful substances, with the exception of motor fuel (including LPG) contained in the designated standard fuel tank of a Vehicle.

7.7 – Vehicle collection and maximum parking duration

The maximum parking period is four consecutive weeks (28 days), unless otherwise agreed in writing. Upon expiry of this maximum period, the Parker or the person entitled to the Vehicle shall be liable to pay a penalty in addition to the normal parking charge. This penalty amounts to three times the daily rate per 24 hours, for each day on which the car park is still being used after the expiry of the maximum period, without any notice of default being required and without prejudice to the Operator’s right to claim compensation in addition thereto, and/or to remove the Vehicle from the Car Park at the expense and risk of the Parker or the person entitled to the vehicle and to relocate it elsewhere.

7.8 – Use of charging point

A number of parking spaces in the car park are equipped with a charging point for electric cars. The operator does not guarantee that a parking space with a charging point will be available, nor does the operator guarantee that the charging points will be available for use at all times. Motorists must follow the instructions and guidelines for using the charging point carefully. 

Article 8. Liability

8.1 – Exclusion of liability

The Parker and/or Passenger enters the Car Park entirely at their own expense and risk. Any liability on the part of the Operator towards the Parker, Passenger or the owner of a Vehicle is excluded. In particular, the Operator accepts no liability whatsoever for theft, damage to or loss of a Vehicle, or of the property of the Parker and/or the Passenger and/or the owner of the Vehicle; nor does the Operator accept any liability for any damage whatsoever to the property of the Parker and/or the Passenger, in respect of personal injury or any other damage, directly or indirectly caused by or arising from the use of the Car Park, including, in any event, damage caused by a Vehicle colliding with an object (belonging to the Car Park). If and insofar as Heuvelpoort, for whatever reason, should nevertheless be liable to the Parker and/or Passenger, Heuvelpoort’s liability shall in any event be limited to €1,000.00 per incident giving rise to damage.

8.2 – Liability for damage caused by a Parker

The Parker is liable for any damage caused by or arising from the use of the Car Park by them and/or the Vehicle. Any damage caused by the Parker to the Car Park or its associated equipment must be paid for on the spot.

If an expert report drawn up by or on behalf of the Operator is required to determine the amount of the damage, this report shall be binding on the Parker. The costs of this expert report shall be borne by the Parker.

8.3 – Liability for injury to passengers

A User is liable for any damage caused by them through or as a result of their use of the car park. Any damage caused by the User to the car park or its associated equipment must be compensated for on the spot.

If an expert report drawn up by or on behalf of the Operator is required to determine the amount of the damage, that report shall be binding on the Passenger. The costs of this expert report shall be borne by the Passenger.

Article 9 – Suspension and termination

9.1

In the event that the Operator is prevented from performing the contract as a result of force majeure, the Operator shall be entitled either to suspend performance of the contract for a maximum of two months or to terminate the contract (in whole or in part), without the Operator being liable to pay any compensation.

9.2

If the Parker fails to fulfil, or fails to fulfil properly or in a timely manner, any obligation arising from the agreement entered into with the Operator, or if there are reasonable grounds to fear that the Parker is or will be unable to fulfil their contractual obligations towards the Operator, as well as in the event of bankruptcy, suspension of payments or statutory debt restructuring, the Operator shall be entitled, without notice of default, either to suspend performance of any of these agreements for a maximum of 2 months or to terminate these agreements (in whole or in part) with immediate effect, without the Operator being liable for any compensation and without prejudice to any further rights to which the Operator is entitled.

Article 10. Non-attributable breach

10.1

Force majeure is defined as any circumstance beyond the Operator’s control – even if it was already foreseeable at the time the agreement was concluded – which permanently or temporarily prevents the performance of the agreement, as well as, insofar as not already included therein, war, threat of war, civil war, riots, industrial action, lockouts, transport difficulties, fire and other serious disruptions to the Operator’s business and/or equipment or that of its suppliers and/or service providers.

10.2

Force majeure also includes the car park being inaccessible due to government-imposed (traffic) measures, including the car park being inaccessible or unavailable during the Tilburg funfair and/or other events.

Article 11 – Privacy

11.1

The Operator uses CCTV to protect, secure and monitor the car park, as well as the people and property within it. Video recordings are deleted after 30 days, unless a recording needs to be handed over to police officers as a result of an incident. In the latter case, the recording will be deleted once the incidents in question have been dealt with.

11.2

When using the car park, the Operator may use number plate recognition. The registration number will be automatically deleted from the car park management system no later than 30 days after the vehicle has left the car park and the parking fee has been paid. Registration numbers will not be disclosed to third parties, unless the Operator is legally obliged to do so.

Article 12 – Miscellaneous provisions

12.1

All agreements with the Operator shall be governed exclusively by Dutch law.

12.2

All disputes arising out of or in connection with agreements concluded with the Operator shall, in the first instance, be settled exclusively by the District Court of Breda, without prejudice to the jurisdiction of another court in consumer disputes.

12.3

Should one or more provisions in these general terms and conditions prove to be (void or) voidable, or should compliance with them not be enforceable for any reason whatsoever, the remaining provisions of these general terms and conditions shall remain in full force and effect, and the parties shall endeavour, in good faith, to draw up a replacement provision that is valid and enforceable, which shall, as far as possible, have the same (economic) effect, content and purpose as the provision it replaces.

12.4

Any agreements or contracts with the Operator’s staff shall only be binding on the Operator if they have been confirmed in writing by the Operator’s management.

12.5

The operator is entitled to amend these terms and conditions at any time.

c/o Heuvel 37 – 5038 CP TILBURG – Telephone number 013-5353275
info@heuvelpoort.nl – IBAN NL20RABO0131298313 – Chamber of Commerce no. 18072524 – VAT no. NL8128.53.489.B.01