General Terms and Conditions Parkos

General Terms and Conditions (the “General Terms and Conditions”) of Parkos B.V., a private limited liability company, having its registered office at Boumaboulevard 77, 9723 ZS Groningen, registered with the Business Register of the Chamber of Commerce under number 02095013 (“Parkos”), updated on 23 October 2024.

General

These Terms and Conditions apply to each user (the “User”) of the Parkos.com.au platform (“Platform”), to the mediation services with respect to the reservations (the “Mediation Services”) offered by Parkos through the Platform and other services related to Mediation Services offered by Parkos (the “Related Services”; the Mediation Services and Related Services collectively constitute the “Services”) and also to all matters relating to the legal relationship between Parkos and the User.
By making a Reservation (as defined below) through the Platform, the User agrees to these General Terms and Conditions.
The applicability of any general terms and conditions of the User/third parties is expressly rejected by Parkos and shall not apply to the legal relationship between Parkos and the User.
Parkos may unilaterally amend and/or supplement these General Terms and Conditions at any time. Amendments will be announced on the Platform. Any significant changes to these Terms and Conditions will be notified to the User.

Service

The Platform allows Users to find, compare and reserve a parking space (the “Parking Space”). When the User reserves a Parking Space (the “Reservation”), an agreement (the “Agreement”) is concluded between the User and the parking provider (the “Parking Provider”). Parkos is expressly not a party to this Agreement and only provides the Platform. Information about Parking Providers and the Parking Space (for example: prices, facilities, (cancellation) conditions and availability) is provided by the Parking Provider. The date to which the Reservation relates is hereinafter referred to as “Reservation Date”. When entering into the Agreement, the User also must consent to the general terms and conditions of the Parking Provider.
Parkos is a Platform and only mediates in the conclusion of the Agreement between the User and the Parking Provider. Parkos has no influence on and is not responsible for the Agreement, prices and any general terms and conditions of the Parking Providers. Parkos is also not responsible for the performance of the Agreement.
The User may not invoke the right of withdrawal pursuant to Section 6:230p(d) of the Dutch Civil Code after entering into the Agreement with regard to Parkos Services.
In addition to the Services and the Agreement with the Parking Provider, the User may also purchase other services from Parkos partners (for example, insurance services). The User enters into an independent agreement with these partner(s), Parkos is expressly not a party to this agreement and Parkos is not involved in the performance of this agreement. These partners may apply their own general terms and conditions. These General Terms and Conditions do not apply to these other (insurance) services.
If the User chooses to make use of reminders, Parkos will automatically send the User a notification to remind the User of an upcoming Reservation. Parkos emphasizes that the Reservation remains the responsibility of the User. Reception of the reminder is subject to the availability of the User's network and may be interrupted/delayed.

Process

After making the Reservation, the User will receive an email from Parkos at the email address provided by the User (“Reservation Confirmation”) containing:
1. a confirmation allowing the User to use the Parking Space;
2. all (other) information about the Parking Provider and the Parking Space necessary for the use of the Reservation (“Reservation Information”); and
3. in the case of valet parking, the meet-and-greet location at the relevant airport.
Reservation Information is understood to mean in any case:
1. the telephone number, address and driving directions of the Parking Provider;
2. the rates of the Parking Space and the method of payment; and
3. the cancellation policy.

Obligations of Parkos

Parkos is a Platform and mediates in the conclusion of the Agreement between the User and the Parking Provider. Parkos will endeavor to provide as much information as possible to the User about the Parking Provider and the Parking Space so that the User can independently make a proper assessment of the Parking Provider and the Parking Space. The User will find the cancellation conditions and any other conditions of the Parking Provider on the Platform.
Parkos receives information from Parking Providers for use on the Platform. Parkos will use all reasonable care and expertise in researching and selecting the Parking Providers and the related information offered through the Platform. Unless Parkos has acted negligently, Parkos accepts no liability for information provided by Parking Providers or third parties. Parkos will of course endeavor to correct any inaccurate information as soon as Parkos becomes aware of it.
Parkos will use all reasonable care and expertise in providing any Related Services (such as sending reminders).

Obligations of the User

If a user makes a reservation, a user account is created with the reservation number and the user's e-mail address. The user can log in to the Parkos website using the reservation number provided and his/ her e-mail address. The User must be at least 18 years old.
The User must take note of the Reservation Information sent. If the User has not received the confirmation or Reservation Information within one hour after making the reservation the User can contact Parkos customer service.
The User must bring the Reservation Confirmation to the Parking Provider. The Parking Provider may impose conditions to that effect (e.g. that the User provides the confirmation digitally and/or on paper).
The User shall contact the Parking Provider if he/she does not expect to arrive on time. The User is responsible for arriving at the parking location on time.

Rates

If a User makes a Reservation, the User agrees to the then current rate. The rates, as displayed on the Platform, are subject to change, such as availability, time of reservation, duration, time and type of vehicle.
Unless explicitly stated otherwise, the following applies to the rates quoted on the Platform:
1. rates include all applicable taxes (including VAT or local variant);
2. the rates are taxed for indirect taxes in the country where the Parking Provider is located; and
3. in certain countries, including (but not limited to) the United States, federal taxes and state taxes may be included in the rates.
Parkos has the right to charge the User a reservation/booking fee or administration fee for the performance of its Reservation Services. Parkos also has the right to charge mediation fees to the Parking Provider for the purpose of concluding the Agreement.
Depending on the selection of Related Services by the User, Parkos will charge the fees (in accordance with the fees on the Platform), to the User using the payment method chosen by the User. Parkos is entitled to adjust the amount of these fees.
The rates are in the currency shown on the Platform. If a User pays in a currency other than the currency shown on the Platform, the User's bank may charge additional fees.

Payment and Cancellation

Payment of the agreed price of the Parking Space (“Parking Price”), takes place i) at the time of making the Reservation, whereby Parkos will charge the User the Parking Price and will receive it from the User for the benefit of the Parking Provider, or ii) upon the User’s arrival at the Parking Provider.
The User accepts that payments may be processed by a third party payment processor.
The User has the right to cancel the Agreement free of charge up to 24 hours before the Reservation Date, unless explicitly stated otherwise. Unless expressly agreed otherwise, in the event of cancellations within 24 hours before the Reservation Date by the User, Parkos is entitled (for the benefit of the Parking Provider) to charge the User the full Parking Price.
Any mandatory transaction fees imposed by financial processors are not eligible for a refund.
Cancellation takes place via the Platform, under the heading “Login” or can be done via the link of “change your reservation” in the confirmation email. Cancellation requests through other channels (i.e. via a contact form, by telephone or by email) are permitted, but will only be processed by Parkos on working days (excluding holidays) and during Parkos customer service opening hours. If cancellation is not made via the Platform, the moment of cancellation is the moment that the Parkos employee processes the cancellation request.
If the User unexpectedly, for whatever reason, does not take the Parking Space (on time), the User shall still pay the full Parking Price to Parkos (on behalf of the Parking Provider) or to the Parking Provider. This also applies if not all days of the Reservation are used.
If a vehicle is refused by a Parking Provider and the User knew or could have known this information about the vehicle, Parkos is entitled to charge the User (for the benefit of the Parking Provider) the full Parking Price.
If the User does not take the Reservation Confirmation to the Parking Provider, Parkos is entitled (for the benefit of the Parking Provider) to charge the User the full Parking Price.

Content on the Platform

Parkos is committed to an open and transparent online environment on the Platform. Parkos helps Users understand how Parkos uses ratings, rankings and recommendations and how Parkos generates revenue. In addition, information is shared on the Parkos Platform. Parkos helps Users understand how Parkos manages information and takes action against inappropriate information.
Reviews, Rankings, and Recommendations Parkos uses both algorithmic decision-making and human control. Algorithmic decision-making means that the software on the Platform can automatically review, filter, rank or remove certain content. Human control means that Parkos employees can review content on the Platform and will work to ensure that the content on the Platform complies with applicable laws and regulations. Parkos strives to use a balanced combination of both algorithmic decision-making and human control to ensure the quality and reliability of Parking Providers' offerings on the Platform.
On the Platform, Parking Providers are sorted according to different criteria and according to different sorting and filtering options. The standard display of Parking Providers on the Platform is increasing in price. Parkos reserves the right to change this default sorting (and the available filtering options). Such adjustments may be made when Parkos deems it necessary, for example to increase the value for the User or to improve the functionality of the Platform. Users have the freedom to change the default sorting and use the available filtering options as they see fit. This allows Users to customize the display of Parking Providers to their personal preferences and needs.
Information guidelines and actions If a User or other third party posts an image, text or review that violates this article, Parkos will remove this information from the Platform. Parkos will contact the User if information of the User is removed from the Platform. If the User does not agree with the removal of this information from the Platform, the User may contact Parkos customer service.
Abuse Abuse in the context of the Platform includes, but is not limited to, the following actions:
1. sharing, distributing or uploading (incorrect or illegal) content, including but not limited to material or content that incites hatred, violence, discrimination, illegal activity or content that infringes a right, such as copyright or privacy rights;
2. using the Platform to carry out illegal activities, such as fraud, phishing, spreading viruses or other malicious software;
3. manipulate the Platform to gain unauthorized access to data or systems (hacking) or to disrupt or overburden the Platform in any way.
Assessment of abuse When assessing whether certain conduct is considered abusive, Parkos considers the following facts and circumstances:
1. the nature and gravity of the conduct, abuse, violation or activity;
2. the impact of the abuse on other Users, the Platform and third parties; and
3. previous violations or instances of abuse on the Platform.
Measures against Abuse Depending on the severity of the abuse, Parkos may take the following measures:
1. issuing a warning and requesting the User to immediately and completely cease the abuse;
2. temporarily suspend the User for a period proportional to the abuse (for example, by blocking the User's account);
3. deactivate/delete the account of the User.
In case of taking the above measures, Parkos will inform the User by email of the specific reason(s) for taking the measure, the duration of the measure and the possibility to object to the measure. At the end of the period for which the measure is imposed, the User has the option to restore his/her account (unless the User's account is permanently deactivated/deleted).

Privacy and personal data

Parkos protects the privacy and processes personal data of Users in accordance with the General Data Protection Regulation (GDPR) and other laws and regulations applicable to Parkos in the field of privacy and data protection.
The User declares that the personal data provided by the User to Parkos is complete, accurate and correct and may lawfully be received and processed by Parkos. The User shall ensure that this provision of data by the User to Parkos does not violate the GDPR and other privacy and data protection laws and regulations. The User indemnifies Parkos against legal claims by persons whose personal data have been provided to Parkos in error, incomplete, inaccurate, incorrect or otherwise unlawfully by the User.
Parkos will take the legal and reasonable technical and organizational measures to secure the electronic transmission of data and to provide a secure web environment for the User. Parkos never guarantees that the (security) measures taken by Parkos will be effective in all circumstances.
Parkos is entitled to make the personal data provided by the User, as well as the personal data generated or enriched by Parkos, available to entities affiliated with Parkos, processors, IT service providers, accountants and auditors, legal advisers, administration companies and other (business) service providers engaged by Parkos. If personal data is transferred to countries outside the European Economic Area, Parkos will ensure protection of personal data substantially equivalent to the level of the GDPR.
Parkos informs the User about how Parkos processes personal data through a privacy statement or an equivalent communication method. Our privacy statement can be found under the heading "privacy policy" at the bottom of our website and forms an integral part of these terms and conditions.

Liability

Parkos shall not be liable in any way for any failure to perform damages resulting from the performance of the Agreement by the Parking Provider or for other services performed by Parkos partners. Parkos also accepts no liability for damage caused to the vehicle or theft of the User's vehicle.
To the extent permitted by law, Parkos accepts no liability for consequential or business loss, indirect loss, and loss of profit or turnover in any way related to – or caused by – the Parkos Services.
Parkos does not accept any liability for damages resulting from the acts or omissions of the User.
If, for whatever reason, Parkos still has to compensate for damage, the compensation will, to the extent permitted by law:
1. be limited to the amount paid out by Parkos’ professional/business liability insurance (“Insurance”) in such case; or
2. if the damage is not compensated by the insurer under the terms of the Insurance, be limited to a maximum of the Parking Price.
Parkos has the right, if and to the extent possible, to attempt to undo or limit the damage of the User.
The limitations of Parkos' liability contained in these General Terms and Conditions shall not apply in the event of intent or wilful recklessness on the part of Parkos or its employees.

Unacceptable behavior by the User

If the User violates these General Terms and Conditions (including references in these General Terms and Conditions to other terms, guidelines and policies) or applicable laws and regulations, Parkos has the right to:
1. not conclude the Agreement between the User and the Parking Provider;
2. cancel a Reservation already made;
3. block access to the Platform and/or the User's account.
If Parkos cancels a Reservation, the User may not be entitled to a refund. If possible, the User will be informed by Parkos why any of the above actions have been taken. If the User disagrees with any of the actions taken by Parkos, the User may contact Parkos customer service.

Force Majeure

In the event of force majeure, Parkos is not obliged to fulfill its obligations to the User. Parkos' obligations with respect to the Services are suspended for the duration of the force majeure situation.
Force majeure means any circumstance that takes place outside the control of Parkos, which prevents the fulfillment of obligations of Parkos to the User in whole or in part. This applies, for example, to business disruptions, energy failures, fires and the lack of a permit to be obtained through the government. Force majeure also includes: failures in a (telecommunications) network, connection or communication systems used and/or the unavailability of the Platform. The explanations listed above are not exhaustive and serve only as an example of circumstances that will in any case be considered a force majeure situation.
As soon as a force majeure situation occurs at Parkos, Parkos will report this as soon as possible on the Platform or to the User, unless this cannot be expected of Parkos given the circumstances.

Complaints

If a User has any questions or complaints about the Services, the User may contact Parkos customer service. Complaints about the Services must be reported by the User to Parkos immediately after the complaint has arisen. Under penalty of forfeiture of right, the following applies: for complaints about an invoice, a complaint period of two months after the moment of receipt of the invoice applies. This means that if the User does not file a complaint with Parkos within this complaint period, the User loses the right to file a claim with Parkos. The User may report complaints about misuse of personal data to Parkos as long as Parkos processes personal data of the User, without prejudice to the rights that the User is entitled to under the GDPR.
The notification of a complaint must contain as detailed a description of the complaint as possible together with any supporting documents (such as the Reservation Information) and the reservation number.
For complaints about the performance of the Agreement with the Parking Provider and/or any other services performed by third parties, the User must contact the Parking Provider or third parties directly using the contact details provided in the Booking Information.
Parkos may assist with the contact between the User and the Parking Provider/third parties, but is not obliged to do so and this does not mean that Parkos takes responsibility for the Reservation, the Agreement between the Parking Provider and the User or any other actions of the Parking Provider.
A complaint does not suspend the payment obligation of the User.

Loyalty Programme

Parkos has a Loyalty Program designed for acquaintances, friends, and family who wish to use the Services (the "Friend Discount"). After using the Services, the User can earn a credit of €7.50 for each additional User (acquaintance, friend, and/or family member who wishes to use the Services) who books on the Platform through the shared personal link. This credit can be used for a future booking on the Platform. After the trip, the User who shared the link will receive the credit for their next booking, while the User to whom the link was shared will receive a 5% cashback on their booking.
The Loyalty Programme can be used once per Reservation.
The Loyalty Programme is personal and the rights and obligations cannot be transferred to third parties without prior written consent from Parkos.
Parkos reserves the right, at its sole discretion, to refuse or terminate participation in the Loyalty Programme in the event of misuse or fraudulent conduct.
Parkos reserves the right to adjust the discount rate or permanently terminate the Loyalty Programme. In case of change or termination of the Loyalty Programme, Parkos will inform the User in good time via the Platform. In the event of termination of the Loyalty Programme, Users have the option to continue to use the Loyalty Programme within a period determined by Parkos, after which all rights of the User and all obligations of Parkos in this regard will cease.
For questions about the Loyalty Programme, Users may visit the Platform or contact Parkos customer service.

Final provision

If any part of these General Terms and Conditions is found to be invalid, the other parts of these General Terms and Conditions will remain valid. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the intent of the invalid or unenforceable provision.
These General Terms and Conditions remain in force if Parkos changes its name, legal form or ownership.
The User may not assign rights derived from these General Terms and Conditions to other parties without prior written consent from Parkos.
These General Terms and Conditions may be drawn up in the English language as well as in other languages. In the event of any dispute as to the content or scope of these General Terms and Conditions, the Dutch text shall prevail.

Applicable law and dispute resolution

Any legal relationship between the User and Parkos is governed by Dutch law. Users established in Europe can also rely on national consumer legislation.
The applicability of the Vienna Sales Convention is expressly excluded.
Any dispute that may arise as a result of or in connection with the performance of the Services will be submitted to the competent court of the North Netherlands District Court. The User, who is based in Europe, has the right to bring legal proceedings in the competent court of the User's domicile.