GENERAL TERMS AND CONDITIONS FOR PARKING GARAGE - WORLD TRADE CENTER AMSTERDAM
Adopted and filed on 20 January 2015 at the Chamber of Commerce under number 33163044
ARTICLE 1 – DEFINITIONS
In these general conditions the terms below mean the following:
Landlord - CBRE DOF Custodian B.V., duly represented by Beheermaatschappij World Trade Center Amsterdam B.V., with its registered office in Amsterdam, filed under number 33.163.044 in the Commercial Register of the Amsterdam Chamber of Commerce.
Parking garage - The parking garage situated beneath World Trade Center Amsterdam, Strawinskylaan 1, Amsterdam.
Visitor - The owner and/or the user of a motor vehicle parked or to be parked in the visitors’ section (P1 or P2) of the parking garage.
Season ticket holder - A season ticket holder unreserved or season ticket holder reserved.
Season ticket holder unreserved - The owner and/or the user of a motor vehicle with a parking subscription for the use of an unreserved parking spot in the season ticket holders’ section (P1 or P2) of the parking garage.
Season ticket holder reserved - The owner and/or the user of a motor vehicle with a parking subscription for the use of a reserved parking spot.
User - In the general conditions, ‘user’ refers to both the visitor and the season ticket holder (reserved or unreserved).
Parking contract - An agreement concluded between the Landlord and the user relating to the use of the parking garage.
Parking ticket - The ticket issued to a visitor at the entrance to the parking garage, which gives access to the parking garage, is used to pay the parking fee and enables the visitor to leave the parking garage, or a parking season ticket issued by the landlord to a Season ticket holder that also gives entry to the parking garage.
ARTICLE 2 – PARKING CONTRACT
2.1 A parking contract is deemed to be concluded between the landlord and the user:
• by concluding a lease for a parking space;
• by applying for or using a parking ticket at the entrance to the parking garage; or
• merely through the fact that a user enters the parking garage with a vehicle.
2.2 This contract is deemed to be concluded by the owner of a motor vehicle parked in the parking garage where no other user is concerned, unless the owner can demonstrate that this motor vehicle has not been parked by him in the parking garage, nor been parked with his consent.
2.3 The landlord’s obligations under the parking contract do not extend to the surveillance of the parked motor vehicle.
ARTICLE 3 – USE OF THE PARKING GARAGE
3.1 While in the parking garage the user is required to act in accordance with the plans of the Road Traffic Act, further rules laid down under the terms of this Act, the Road Traffic and Traffic Signals Regulations and the accompanying appendices, as well as any further regulations laid down by virtue of these regulations. Failure to do so will result in the user being liable for any loss and/or damage arising from such failure.
3.2 The user is required to follow all instructions as shown in the parking garage as well as those given by or on behalf of the landlord. Furthermore the user must act in such a way that the traffic in and around the parking garage can move freely and safety is not compromised.
3.3 The parking garage personnel are authorized to move or affix a wheel clamp to motor vehicles within the parking garage and/or to remove or arrange to remove any motor vehicle from the parking garage should they consider such action necessary, without this leading to any liability for the landlord. In assessing the necessity for moving, affixing a wheel clamp to and/or removing a vehicle, the personnel must observe standards of reasonableness and care.
3.4 In the event of violation of the regulations referred to in paragraph 3.1, the landlord is entitled at all times to affix a wheel clamp to the motor vehicle. In addition, the user will be fined a penalty of €50 which must be paid on the spot.
ARTICLE 4 – PARKING INCORRECTLY
4.1 Visitors may park their vehicle only in the visitors’ section (P1) and season ticket holders may park their vehicle only in the season ticket holders’ section of the parking garage (P1 or P2).
4.2 In the event of violation of the parking regulation referred to in paragraph 4.1, the landlord is entitled at all times to affix a wheel clamp to the motor vehicle. In addition, the user will be fined a penalty of €50 which must be paid on the spot.
ARTICLE 5 – PARKING TICKETS
5.1 The parking ticket issued by the landlord to a season ticket holder remains the property of the landlord at all times.
5.2 If the season ticket holder is no longer in possession of the parking ticket issued to him, regardless of the reason for no longer being in possession of the ticket, the landlord will issue the season ticket holder with a new parking ticket on request at the prevailing rate, plus turnover tax.
5.3 If a parking ticket is missing, and the season ticket holder has not applied for a new parking ticket, during the period that a parking ticket is missing and a season ticket holder has not yet applied for a new parking season ticket, the payment obligations of the season ticket holder will continue to apply until a new parking ticket has been applied for or until the contract is terminated, whichever occurs first.
If the landlord has blocked the parking season ticket in accordance with the provisions of Article 10 (below), the payment obligations of the season ticket holder will continue to apply until the contract is terminated.
5.4 The season ticket holder is obliged to return to the landlord the parking ticket(s) issued to it upon termination of the lease/the season ticket contract.
ARTICLE 6 – MODIFICATIONS BY OR ON BEHALF OF THE LANDLORD
The season ticket holder is obliged to allow the landlord to undertake repairs to the parking garage as the landlord deems necessary, without the season ticket holder being entitled to claim any compensation or reduction in the lease/season ticket fee.
ARTICLE 7 – DAMAGE
All loss of and/or damage to equipment in or belonging to the parking garage arising through the actions or negligence of the user of a person under the responsibility of the user, including passengers, will be charged to the user and must be compensated for on the spot, or after the landlord has drawn up a survey of the loss and/or damage, without prejudice to the right of the landlord to retain the motor vehicle for as long as the landlord’s claim on the user has not been settled.
ARTICLE 8 – PROHIBITIONS
The user is prohibited from:
a. using the parking space used by him for a purpose other than for parking a car
b. cleaning a motor vehicle, both inside and out, in the parking garage
c. repairing or arranging to repair or carrying out other work on the motor vehicle in the parking garage, except for emergency repairs by the ANWB
d. driving into the parking garage with a trailer, caravan, delivery or goods vehicle or with a car higher than the height shown at the entrance to the parking garage
e. driving in the parking garage in another direction to that marked on the ground or otherwise indicated
f. having and/or storing explosive or other hazardous materials in the motor vehicle to be parked, not including the fuel in the motor vehicle's fuel tank
g. driving or parking a vehicle in the parking garage which, in view of the size and/or weight of the motor vehicle or the goods being transported in it may cause damage to the parking garage
h. depositing waste in the parking garage or leaving such waste in places other than the waste bins available for that purpose
i. smoking in the parking garage or having an open fire.
j. remaining longer in the motor vehicle for longer than is necessary to park it. Once the motor vehicle has been parked, the driver and passengers are required to leave the vehicle and the parking garage
k. selling, offering for sale, renting and/or offering for rent any goods in the motor vehicle parked in the parking garage
l. as the season ticket holder, subletting the leased parking space or allowing it to be used by others, or to assign or transfer the lease of the parking space to third parties.
ARTICLE 9 – DEFAULT
9.1 The user will be in default if after being served written notice of default giving him a reasonable period of time to meet his obligations still fails to meet any of his obligations that rest upon him under these general conditions or the parking agreement concluded with him.
9.2 The visitor will also be in default without further notice of default, if he has parked in the parking garage for more than 10 consecutive days without making any interim payment in the parking garage as referred to in Article 13.1.
Season ticket holder unreserved will also be in default without further notice, if he has parked in the parking garage without consent from the landlord as referred to in Article 13.4, for more that 10 consecutive days as referred to in Article 13.1.
9.3 If the user is in default, the landlord will be entitled :
a. to retain the parked motor vehicle and if necessary, such at the discretion of the landlord, to affix a wheel clamp to the vehicle for as long as the amount owed by the user to the landlord has not been paid
b. to take possession of or invalidate the user’s parking ticket. The costs of a new ticket, issued by the landlord to the user after the obligations have been met, must be paid in full in advance
c. to remove the vehicle
ARTICLE 10 – COSTS
10.1 In all cases in which the landlord issues a summons, notice of default or writ to the user or in the case of proceedings against the user to force the latter to comply with the agreement, the user is obliged to pay to the landlord all judicial and extra-judicial costs incurred - with the exception of the costs of the proceedings payable as a result of a final court decision. The costs incurred will be established in advance between the parties at an amount that is not lower than the customary rate charged by court bailiffs.
10.2 In the event of failure to pay the parking fees, the extra-judicial debt collection costs will be established between the parties in advance at 15% of the unpaid amount, with a minimum of €225. In the event that extrajudicial debt collection is carried out by an authorized party and/or a lawyer/procurator litis, these sums must be increased by the turnover tax owed by the owner, in so far as the owner is unable to offset this turnover tax.
ARTICLE 11 – LIABILITY
11.1 The contract concluded between the parties does not extend to surveillance. The landlord therefore accepts no liability whatsoever for:
a. theft, destruction or loss or any other form of damage to the motor vehicle and all items present on or in it
b. an accident, physical injury or loss and/or damage on the part of the user as a direct or indirect result of or due to the use of the parking garage
c. the loss to be suffered by the user if the user, for whatever reason, cannot remove his motor vehicle from the parking garage at the time he requires as a result of an obstruction in the parking garage and/or the exit routes in the parking garage and/or the failure of the exit equipment to function (properly
d. the consequences of affixing a wheel clamp to a parked motor vehicle
e. the consequences of visible or invisible defects to and/or in the parking garage
f. any loss and/or damage caused by fire, earthquake, storm, outflowing water, frost, snow or rainfall or any other disaster, or breakdowns of any nature
Nor does the landlord accept any liability either for loss and/or injury to any person under the responsibility of the user, including passengers. The user indemnifies the landlord against claims from these third parties.
The above exceptions to liability do not apply in so far as there is serious fault or gross negligence on the part of the landlord.
11.2 The landlord shall take all reasonable steps to ensure that the season ticket holder unreserved is able to park the motor vehicle in a parking spot in a season ticket holders’ section (P1 or P2). Nevertheless, the season ticket holder unreserved hereby declares and accepts that, as a result of over-utilization of the parking garage, the landlord cannot guarantee that a parking spot will always be available.
If, as a result of over-utilization, the season ticket holder unreserved is not at all able to enjoy his right of use of a parking spot in a season ticket holders’ section for more than five consecutive business days, the season ticket holder unreserved is entitled to receive a reduction of the annual charge paid by the season ticket holder unreserved to the landlord with respect to that right of use. The reduction shall be proportional to the total number of consecutive business days on which the season ticket holder unreserved was not able to enjoy his right to a parking spot due to over-utilization in proportion to the total number of business days in that year. The reduction of the annual charge referred to above is the only claim possible by the season ticket holder unreserved against the landlord with respect to having been unable to park in a parking spot in the season ticket holders’ section for more than five consecutive business days, regardless of how any other claim is referred to and regardless of the grounds for any additional claim.
11.3 The landlord cannot in any event be held liable for circumstances beyond the control of the Landlord as a result of which it is temporarily not possible for the season ticket holder to park a motor vehicle in a parking spot in a season ticket holders’ section (P1 or P2). Such circumstances include, but are not limited to, work stoppage, fire, floods and other natural or manmade disasters, government measures, business disruptions, and failures in performance on the part of concerned third parties.
ARTICLE 12 – PAYMENT
12.1 The parking fee must be paid in accordance with the instructions in the parking garage before the visitor leaves the parking garage with his vehicle.
12.2 If the visitor is unable to produce a parking ticket, he will be obliged to pay a fixed rate of €50 for each day or part of a day during which he has used the parking garage.
ARTICLE 13 – PROHIBITION ON LONG-STAY PARKING
13.1 The visitor is not permitted to park in the parking garage for a period of more than 10 whole days in succession, in which respect part of a day is considered a whole day. Season ticket holders unreserved are not permitted to park in the parking garage for a period of more than 10 whole days in succession without permission of the landlord, in which respect part of a day is considered a whole day.
13.2 After the period referred to in paragraph 13.1 has elapsed, to be counted from the day on which the landlord has observed that the parking garage is being used by a vehicle belonging to the visitor and/or season ticket holder unreserved and that consequently a parking contract has come into effect, the landlord will be entitled to retain the motor vehicle and if necessary, at the landlord’s discretion, to fit a wheel clamp to the vehicle until the visitor and/or season ticket holder unreserved has fulfilled his obligations towards the landlord. In addition, a fee of €50 applies for the removal of a wheel clamp. That fee must be paid at the time the wheel clamp is removed.
13.3 After the period referred to in paragraph 13.1 has elapsed, the landlord will also be entitled to remove the vehicle of the visitor and/or season ticket holder unreserved from the parking garage at the visitor’s expense and place it on the public road, without the visitor and/or the season ticket holder unreserved being entitled to claim any compensation from the landlord for any reason whatsoever.
13.4 The season ticket holder unreserved must apply in writing for permission to leave a vehicle parked in the parking garage for more than 10 consecutive days. Such a request for permission must state the number of consecutive days. Permission will be granted to the season ticket holder unreserved by the landlord subject to the degree of utilization of the parking garage during the period for which permission has been requested. When granting such permission, the landlord can require the season ticket holder unreserved to park the vehicle in question at a specific location for the extended period of parking.
ARTICLE 14 – OPENING TIMES
14.1 The parking garage is open to the user seven days a week, 24 hours a day. Access from the parking garage to the World Trade Center Amsterdam is controlled during the periods shown below, and the user will have to report first to the security department by means of the intercom:
• Monday to Friday before 06:00 am and after 08:00 pm
• Saturday, Sunday and public holidays.
14.2 The landlord is entitled to change the opening times for a longer or indefinite period of time.
ARTICLE 15 – LANDLORD
For all matters concerning the parking garage or this agreement, the user must apply solely to Beheermaatschappij WTC Amsterdam BV.