1. 1. The definitions and the definition
Owner owner:
The owner of the parking facility, A’DAM Toren CV, located in Amsterdam, Postbus 93081, 1090 BB.
The Operator:
The renter and operator of the parking facility that acts as a contracting party for parkingrs and in that capacity also as a contact person for parkers. The operator is Parking garage A’DAM Tower CV, located in Amsterdam, PO Box 93081, 1090 BB, Chamber of Commerce number 59.45.91.07, VAT number 853498982B01.
Visiting address: Overhoeksplein Amsterdam, telephone number: 020-820.82.43 or 06-15.13.45.63, e-mail address: receptie@adamtoren.nl.
Parking facilities:
The parking garage and/or the parking lot with associated areas and rooms.
The parker:
The one who brings the vehicle into or at the parking facility.
The subscriber:
The holder of a subscription that entitles you to the right for an agreed period and under agreed conditions of use of the parking facility, which has been established through a lease agreement between the parker and operator.
Parking ticket:
The means designated or provided by the parker and designated or provided by A’DAM Tower CV, such as a paper parking ticket, or a credit or debit card, or a (red-ro pink) parking card, which gives access to the parking facility and the use of which Parking A’DAM Toren CV can determine the time of entry and exit into the parking facility.
Parking fees:
Amount that the parker is due for the use of the parking facility. For visitors a short parking fee applies. For subscription holders, the parking fee consists of the agreed fee for the season ticket, being the rental of a parking space (a so-called stray) and (if applicable) a fee for the period of time in which it is parked at times that fall outside the subscription.
Parking Management System:
System consisting of hardware and software used for access control, payment operations, exit control and providing management information related to the parking facility.
Short parking rate:
The parking fare stated at the entrance of the parking facility that includes parking parking in the parking facility with a towed paper parking ticket or by using a debit card (bank pass or credit card).
Reserved parking:
The possibility to reserve a (distural) parking space before parking and pay via app or website.
Electrical charging:
The possibility to charge the electric vehicle by means of one of the available charging points at the parking facility for a fee.
2. 2. Parking Agreement and applicable conditions
2.1 Parking Agreement for Subscription Holders. Access to the parking facility by season ticket holders is only granted under these general terms and conditions, which form part of the rental agreement concluded by the ticket holder with A’DAM Tower CV (hereinafter referred to as: ‘the parking agreement’). For the purpose of access to the parking facility, the season ticket holder has received a parking ticket (being a red-pink parking pass) on loan.
2.2 When accessing the parking facility by visitors/short-parkers, a parking agreement is deemed to have been concluded by the mere fact of the holder of a parking ticket or by the mere fact of using the parking facility. In case of disagreement as to whether or not the parking facility is used, the parking facility will determine that the parker is or has been located behind the barrier on the parking facility, or whether the parker has been registered as driven as driving in the parking facility.
2.3 In case of reserved parking, a parking agreement is deemed to have been concluded after receipt of the payment.
3. 3. Obligation Car park A’DAM Tower CV
A’DAM Tower CV provides the parking space for 1 vehicle in the parking facility to the parking lot, provided that there is sufficient space available. The Obligation of Parking A’DAM Tower CV does not include the vehicle’s surveillance.
The parking facility offers the possibility of electric charging if an electric parking space is available. It is therefore not possible to reserve an electric parking space.
A’DAM Tower CV is never liable for any damage resulting from the use of a charging point.
4.4. Access requirements
4.1 A person and/or vehicle is only authorised to enter the parking facility with a valid parking ticket.
4.2 The entry and exit of vehicles in/out of the parking facility can only take place during the opening hours indicated in or at the parking facility. A’DAM Tower CV park determines the opening hours and is always entitled to change it.
4.3 The parking facility shall only be allowed passenger cars and commercial vehicles with a maximum length of 4.80 m., a maximum wheelbase of 1.90 m., a maximum weight of 2,500 kg and with a maximum height, as indicated at the entrance. The maximum height indicated at the entrance shall apply, unless otherwise specified, to the carway of the parking facility. For portions of the parking facility, different heights may apply at the entrance.
4.4 It is not permitted to drive the parking facility into or on the car park with trailers of any kind, including caravans.
4.5 Parking garage A’DAM Toren CV is entitled to refuse access to the parking facility to any vehicle if car park A’DAM Tower CV considers this desirable with due respect to reasonableness and fairness. This case will occur, among other things, if Parking A’DAM Tower CV is of the opinion that the vehicle can cause damage to the environment in the broadest sense in view of the extent and/or gravity, or because of the goods that are transported with it, in the broadest sense. Parking garage A’DAM Tower CV is also entitled to refuse vehicles that use (co) LPG as fuel access to the parking facility if the parking facility is not equipped.
5. 5. User requirements
5.1 The parker enters and uses the parking facility entirely at your own risk. The parker must exercise caution at all times, in particular with regard to the level of the parking facility outside the carriageways.
5.2 The parker is obliged to follow the instructions of A’DAM Tower CV (including indicated signage and direction of travel) and the staff appointed by her.
5.3 In the parking facility there is a maximum speed of 5 kilometers per hour (step-up angles).
5.4 During the presence on the premises of the parking facility, the parker must behave in accordance with and the vehicle must comply with the provisions of the Road Traffic Act, the detailed rules laid down under this law, the Traffic Rules and Traffic Signs and the associated annexes, as well as the detailed rules imposed under these regulations.
5.5 The parker must park the vehicle in the indicated places and behave in such a way that the traffic in and/or at the parking facility is not hindered and safety is not compromised.
5.6 It is forbidden to:
(a) use the parking facility for purposes other than vehicle parking;
(b) to offer, sell, rent or distribute goods or services in, on or near the parking facility;
c. to advertise on or to the parking facility;
d. to smoke or make fire in the parking facility;
e. to stay in the vehicle longer than during the time required to park the vehicle in question. After the vehicle is parked, it shall be closed, the lights shall be extinguished, the engine shall be switched off and the occupants shall leave the vehicle and the parking facility;
(f) carry out or have carried out repairs to the vehicle or other work in or at the parking facility, unless expressly authorized by or on behalf of A’DAM Tower CV has been granted;
g. leave waste in, on or near the parking facility;
5.7 The staff of Parking Garage Tower Overhoeks is entitled, if necessary to move vehicles and persons within the parking facility and/or remove it from the parking facility, without this being liable for any liability for A’DAM Toren CV or the staff. Staff will observe the reasonableness and care when assessing the need to move and/or remove.
5.8 The maximum contiguous parking time for non-subscribers is 28 days. At the end of this maximum term, the user of the parking facility is liable to pay a fine of € 25 per day in addition to and above the normally applicable parking rate, for each day that the parking facility is still used after the maximum period has expired. This without any notice of default being required and in full the right of Parking A’DAM Toren CV parking facility to claim compensation as well as compensation.
5.9 The parking lot and his vehicle must only leave the parking facility using a valid car park A’DAM Tower CV accepted parking ticket or means. The parking ticket accepted by A’DAM Tower CV without the use of a valid parking ticket or omission of the parking facility is prohibited under no circumstances.
5.10. If the parking has lost his parking ticket, the parker must report to the 24-hour reception of ADAM Toren on the ground floor. Staff there can assist the parker in making a payment. In principle, a daily rate will be charged. If it is possible to find out at which time the parker has run in, the actual parking costs + an additional contribution of € 15, – may be charged.
6.6. Parking fees and payment
6.1 The parking fee is due to the use of the parking facility. The rates for subscription holders are laid down in the lease agreement between the subscriber and operator. The rates for short-parkers / visitors are laid down in the Memo ‘Rates and special provisions’ (Annex 1). These rates are also communicated on information boards in the parking facility and on the website. The parking fee will be calculated on the basis of the parking ticket according to the rates determined by Car Rental A’DAM Tower CV based on the time frame that the car of the car of the car has been present in the parking facility. For the determination of this time frame, the time specified by Parking Management System will be decisive.
The rates of reserved parking may differ from the parking rates if no reservation is made.
6.2 The parking fee must be paid before the parker leaves the parking facility with his vehicle, unless another arrangement has been made. The parking fee can be paid at the payment terminals of the parking facility.
6.3 The leave without prior payment of the parking fee due with the vehicle of the parking facility, for example by means of the so-called “train ride” where the parker drives directly behind his predecessor under the barrier, is not permitted under any circumstances.
6.4 After payment of the parking fee, a parker must leave the parking facility with his vehicle as soon as possible, but no later than 15 minutes.
6.5 In the event that the parker can prove afterwards by means of the complaints procedure provided for in Article 10 paragraph 5 that the actual parking time was different from being charged, refund will take place on the basis thereof. The burden of proof with regard to the exact parking time rests with the parking lot.
6.6. 6.6. Parking garage A’DAM Tower CV is free to adjust the short-parking fees and the rates of the season tickets.
6.7. 6.7. A’DAM Tower CV does not accept cash payments. Credit cards and debit card payments are accepted.
7. 7. Liability and liability
7.1 The obligation of A’DAM Tower CV’s car park does not include the vehicle’s surveillance. Parking garage A’DAM Tower CV is not liable for damage, theft, loss of the vehicle and the other property of the parker.
7.2 A’DAM Tower CV is not liable for any damage whatsoever to the property of the parker, as well as in respect of bodily injury and/or any other damage, directly or indirectly caused by or as a result of the use of the parking facility, unless the damage is directly caused by or on the property A’DAM Toren CV and/or the staff present in the parking facility and this liability is not excluded in any other article of these terms and conditions.
7.3 Parking garage A’DAM Toren CV is not obliged to compensate damage if there is force majeure. In any event, force majeure will in any case be counted among the will of Parking A’DAM Tower CV independent circumstance as a result of which the fulfilment of the obligations under the agreement can reasonably not be required by the parker of A’DAM Tower CV. This includes strikes, fire, government measures, business failures as well as a failure to perform by third parties.
7.4 The parker is liable for all damage caused by him. Damage caused by the parker to the parking facility or the associated equipment and installations must be compensated on site unless, in the opinion of A’DAM Tower CV, the parker can provide sufficient security that the damage is compensated. For the determination of the amount of the fee, the report of an expert designated by A’DAM Tower CV will be decisive. The costs of preparing the report are at the expense of the parker.
7.5 ‘Parkinator’ in this article also means other occupants of his vehicle.
7.6 The limitations of liability listed in this article can also be invoked against the parker by the manager(s) and owner(s) of the parking facility, insofar as this is not the same party(s) as car park A’DAM Toren CV This condition is irrevocable.
8. 8. Non-fulfilment of non-compliance
8.1 If the parker fails to comply with any obligation which, under the law, local regulations and customs and/or the agreement concluded with him including the conditions applicable to it, the parker is obliged to compensate A’DAM Tower CV for all damage, suffered and suffering them as a result of the above error, negligence or any other in default.
8.2 If Parking A’DAM Toren CV is compelled to have a summons, notice of default or other exp of the park to the parker or in case of necessary procedures against the parker, the parker is obliged to reimburse all costs incurred, including the costs of legal assistance, both in and out of court, to Parking A’DAM Tower CV.
8.3 A’DAM Tower CV is at all times entitled to keep the vehicle of the parker under him and/or to take appropriate measures, such as the installation of a wheel clamp, as long as the parker has not paid all that he owes to Parking A’DAM Toren CV. Parking garage A’DAM Toren CV is also entitled to temporarily or permanently deny a parker access if they do not comply with the rules set out in these conditions.
8.4 Parking garage A’DAM Tower CV is entitled to move and store an abandoned car without further notice of default and at the expense and risk of the parker (at the discretion of the A’DAM Tower CV), both inside and outside the parking facility.
A car that has been parked in the parking facility for 28 consecutive days will be qualified as left behind. A car may be sold or destroyed by car park A’DAM Tower CV without further notice of default (attached A’DAM Tower CV) if it is qualified for more than 28 days and the entire unrest debt to the park has not been paid in the meantime. After the car has been sold, the car’s parking will only be free of its fault in car rental A’DAM Tower CV if the proceeds of the car are higher than this debt. Any balance will be paid to the parker.
9. 9. The privacy of privacy
9.1 In the parking facility, for example at the entrance/on/offput and at the payment terminals, video registration takes place to combat theft and destruction. These images are periodically deleted, except if A’DAM Tower CV car park must hand these images to the competent authority. The registration/touribation of the parking facility will be used for license plate recognition. The license plate will be registered in the Parking Management System and – if applicable – printed on the parking ticket. The registration number is registered and printed on the parking ticket to combat fraud, in particular to combat fraud with (lost) parking tickets and theft. License plates will not be provided to third parties, unless A’DAM Toren CV has a legal obligation to do so.
9.2 When using the Parking Garage, license plate registration can be used by the Operator. The license plate including additional data will be automatically removed from the park management system, no later than 30 days after the Vehicle has left the car park and the parking fee has been paid. License plates will not be provided to third parties, unless the Operator is legally obliged to do so.
10. 10. Other provisions
10.1 Appointments with staff members of Parking A’DAM Toren CV do not bind the latter, insofar as they have not been confirmed in writing by an authorized representative of Parking A’DAM Tower CV. In this context, all employees and employees who do not have the right to represent are considered.
10.2 Insofar as any clause in the A’DAM Tower CV and the parker concluded agreement including these general terms and conditions, void or voidable or does not apply, this clause must be converted in such a clause that does as much as possible does the meaning of the void, void or void or out of use.
10.3 Parking garage A’DAM Tower CV is entitled to change these terms and conditions at any time.
10.4 This agreement is governed by Dutch law.
10.5 Parking garage A’DAM Toren CV has established a complaints procedure and will deal with complaints submitted in accordance with this procedure. Complaints about the performance of a parking agreement (short parking or storage agreement) must be submitted clearly described at the 24-hour front desk A’DAM Toren CV A’DAM Toren CV A complaint can be submitted by letter addressed to the owner’s address, addressed to the owner’s address, by means of a complaint form available at the 24-hour front desk on the ground floor of ADAM Toren. After a complaint submitted to A’DAM Toren CV, the parker will receive a confirmation of receipt within 14 days from the day of receipt of the complaint. The starting point is that the complaint is responded to by the owner within 4 weeks of receipt. If the complaint requires a foreseeable longer processing period, for example because it needs further investigation, the parker will receive a (written) indication when the parker can expect a substantive response.
10.6 If a complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting it, a dispute can be discussed. The parker is free to submit this dispute to the competent court in Amsterdam for settlement.
10.7 Contact. All written notices, including summonses, arising from or related to this agreement and general terms and conditions, must be sent to A’DAM Toren CV, Postbus 93081, 1090 BB Amsterdam.
11. 11. Special provisions for subscription holders
11.1 These provisions apply only to subscription holders.
11.2 When issuing the subscription, the subscription holder will be provided with a parking ticket, in the form of a ‘red-pink parking pass’ with tracking number, with which he can use the parking facility. In the event of loss or in the unfurnishedness of this parking pass, the season ticket holder is obliged to report this to the A’DAM Toren CV for providing a new parking ticket, the ticket holder will owe a fee to be determined by Parking A’DAM Tower CV, plus administration costs.
11.3 The subscriber receives the parking ticket provided to him on loan and remains the property of Parking A’DAM Tower CV The parking tickets must be submitted no later than the last day of the agreement. A subscription holder forfeits per day that a case is not surrendered a fine of €35, – without further notice of default being required and without the right of Parking A’DAM Toren CV to claim compensation.
11.4 The parking passes are given on loan by A’DAM Parking garage. The passes represent a value of €12,50 each (ex VAT). When replacing (lost) parking passes, € 15 (ex VAT) will be charged per pass.
11.5 A subscription has a term as stipulated in the lease agreement between A’DAM Toren CV and parking garage. Further contractual agreements have also been agreed in the lease agreement between A’DAM Toren CV and parking garage.
11.6 The parking ticket of the season ticket of the subscriber may not be transferred, rented or otherwise made available to third parties, unless Parking A’DAM Toren CV has given written permission to do so.
11.7 For parking outside the agreed hours, a season ticket holder pays the special short-parking rate. This concerns an adjusted parking rate, insofar as this has been agreed in the rental agreement.
11.8 Parking garage A’DAM Tower CV is free to adjust the short-parking fees. The increase in the rates for the subscriptions is stated in the subscription contracts.
11.9 The fee for the subscription must be paid at the latest before or on the first day of the commencement of the period in question. This period shall be deemed to be three calendar months. The fees for the parked hours that fall outside the subscription will be billed / collected afterwards.
11.10 If the subscriber does not agree with the settlement, he must inform the A’DAM Tower of the CV of this in writing within 14 days after the date of the billing stating (motivated) objections.
11.11 If the parking fee is not paid on the due date, A’DAM Tower CV car hire is entitled to block the subscription, which will deny the ticket and exit to the parking facility to the ticket holder, without prejudice to the other rights that result in the non-payment for Parking A’DAM Toren CV. Unblocking the subscription costs €50,-.
11.12 Insofar as collection measures are necessary, the extrajudicial costs between the parties are set at 15% of the unpaid principal sum, with a minimum of € 250.
11.13 Changes to the agreement with subscription holder, which are necessary as a result of decisions or instructions by the government (including instructions from the fire brigade) will not constitute any resolutive conditions for the subscription holder for the agreement with A’DAM Tower Reception CV CV
12. 12. Special provisions for Reserved Parking
12.1 These provisions apply exclusively to Reserved Parking via website.
12.2 The parking lot can only be booked in the parking facility by placing a booking via website (or app), in which the exact parking period must be indicated, a (drill) parking space in the parking facility. The entire booking form must be filled in.
The reserved parking booking only entitles you to park the Motor Vehicle in the parking facility. It is not possible to book a specific parking space, such as a disabled parking space or an electric parking space.
12.3 The booking for reserved parking must be made no later than 30 minutes before the start date and start time of the parking period.
The parking lot must indicate in the booking form of the commencement date, commencement time and the end date and the end time of the Parking Period. If the parker has determined his choice, a full statement will be shown, accompanied by a statement of the parking fee due, including any reservation costs. The payout is then asked if he wants to go to the electronic payment facility to pay the parking fee due. If the parker then clicks on the button with which the payment is made final, and these general terms and conditions are accepted, the one-time parking agreement for the relevant reserved parking product with A’DAM Tower CV will be concluded, and parker is bound to the reservation made by him.
After finalizing the reservation or booking, operator will confirm this by means of an e-mail message (including attachment with QR code and access code) to the e-mail address provided by the parker. The confirmation is proof of the existence and content of the one-off parking agreement.
The User can change his reservation up to one hour before the start date of the parking period via a special login module at the ‘my reservations option’ on the website or by telephone via customer service of reserved parking. The following conditions apply to changing a booking:
The parking lot can change the registration number of the reserved parking booking up to 1 hour before the start date of the booking.
It is not possible to change a reservation to a shorter parking period.
It is not possible to change a reservation to a longer parking period
If the parking period is exceeded, the additional costs will be charged at the exit or payment terminal at Exit 1.
A reserved parking booking can be cancelled. The refund of the parking fee or booking costs due will be automatically refunded to the account of the booker of the car park.
12.4 Parking by placing parking fees due for the reserved parking can be paid by paying with a valid credit card or Ideal. The approval of the payment in the electronic payment facility implies an express agreement from the User to have the parking fee due from his credit card or bank account write off.
If payment by credit card or Ideal is refused by the electronic payment facility, the booking is not made. The User will be informed of this either immediately at the time of booking or shortly afterwards.
The rates of reserved Parking are equal to the regular parking rate. The current rate is stated on the website after the parking period and parking duration have been entered. The rate that applies at the time of booking is therefore decisive.
12.5 At reserved Parking you can choose three in-in-drive keys, so that the reservation is recognized when entering the parking facility. These intruders are license plate, QR code or pin code. In all cases, no card must be drawn by means of the card button. The reservation will be recognised on the basis of the intrusion key and the barrier and speedgate will be automatically opened.
The license plate is automatically recognized when entering. If the license plate is not recognized (because it has not been entered, entered incorrectly or because it is not easy to read), the parker must offer the unique Qr code sent in the e-mail confirmation or enter PIN on the touchscreen. The barrier and speedgate will still be opened if the reservation is recognized.
When leaving the parking facility, the barrier and speed gate is opened using the intrusion key (sign sign, QR code or PIN). If the reservation period corresponds to the parking period, the parker can leave the parking facility.
If the reservation period does NOT agree with the parking period, i.e. if there is longer parking than pre-booked and paid, the parker must pay the extra parking costs before he leaves the car park.
There are two ways to do this:
If the parker has exceeded the reservation period, the exit terminal will be transferred to the payment mode where the amount to be paid is immediately visible. The parking provider can make a (contactless) payment at the payment module in the exit terminal.
If the parker has exceeded the reservation period, the parker can, after importing the license plate, pay the amount still due at the payment terminal at Exit 1.
Cash payments are not possible.
12.6 It is NOT possible to enter the parking facility on a reserved parking booking on an reserved parking booking on an earlier date than the starting date of the Parking Period. Fifteen minutes prior to the reservation can be driven, after which the reservation period starts.
It is possible to enter the parking facility later than the booked entrance time, provided that this falls within the booked parking period. This does not affect the end date and end time of the parking period, it remains unchanged. The parker is not entitled to a refund of any part of the paid parking fees.
If the User leaves the parking facility at a time rather than the end time of the Parking Period with his motor vehicle, the reserved parking booking ends, the parking period will end at that time. It is not possible to drive in and out in the meantime: at the first time the parker leaves the parking facility, the parking period automatically ends. The paypier is not entitled to a refund of any part of the paid parking fees.