Terms & Conditions – WeParc
These are the terms and conditions of WeParq BV (WeParc), the company operating under the trademarks “WeParc ‘,’ WeParck’ and ‘WeParq’. WeParc (CoC number 65578090) is based at the Joop van den Ende Plein 1 (1217 WJ) in Hilversum. You can reach us by postmail (see above), by telephone (+31-20-2614874) or by e-mail (hello@WeParc.nl) for questions or comments.
These terms and conditions shall apply to any contract between you, the client, and WeParc, the contractor. These terms and conditions apply as soon as you agree in the app environment with our products and services.
WeParc, We, Our, Ours: Contractor c.q. references to the organization of WeParq BV.
Contract: the agreement of contract which is the basis for the service to the user
Territory: The area marked in the smart phone app where the service of WeParq is available.
You / Client / User: the natural person or legal entity who has given WeParq the contract to perform its services.
Responsibilities: services WeParc carries out as part of a contract, including:
- Picking up a car at an agreed place;
- The movement of a car to a parking lot;
- The return of a car at an agreed place;
- Implementation of activities arising out of or related to above mentioned services.
Pick-up: All operations performed by WeParc under a contract, relating to a) the temporary transfer of your vehicle to a driver at a chosen location within the Territory and b) the transport and storage of your vehicle by a WeParc determined parking lot.
Return: All operations performed by WeParc under a contract, leading to the transfer (the return) of your vehicle to you by a driver, at a chosen location within the Territory.
Parking Service (s): The by WeParc delivered / to deliver activities within the framework of the contract, where the service includes the ability to:
- to transfer your vehicle (including key) to a driver, determined on a location given by you, for the transport and storage of the vehicle by a certain WeParc parking and / or the performance of additional services (after ‘Pick-up’)
- the possibility to let a already picked up car returned by a driver and to let your car be transported to a location of your chosen to enable you to get your car back (after ‘Return), and,
- the potential additional and later to be confirmed services
ETA: Estimated Time of Arrival
Personal Details: Each data about an identified or a identifiable natural person
Driver: the natural person who performs the services
Quotation / Offer / Proposal: the message (in-app) in which the location and license plate of the vehicle that needs to be picked up or returned is communicated, which the user gets to see after he sets his desired location within the specified area.
Acceptance: the acceptance by the user of an offer, which as a result of which the agreement of services has come to an agreement.
- With our service WeParc provides a platform that allows the user to create a profile, plan parking services, request additional services and communicate with the drivers. With the realization of an agreement you authorize WeParc to drive your vehicle and make decisions on your behalf regarding the management and pickup of your vehicle. WeParc will transport your car to and from the parking spot; we will return your vehicle to a location and at a time specified by you.
- These terms and conditions are applicable to WeParc’s every offer and/or quotation. Referring to every contract between WeParc and yourself that has been initiated on the basis of acceptance of an offer, with all corresponding reciprocal rights and obligations.
- The implementation of the client’s possible purchase (or other) conditions will not be permitted. Decisions deviating from the terms and condition can only be accepted through written appeal.
Realization and implementation of the agreement
- An agreement of contract between you and WeParc has been realized when you – through acceptance – agree to an offer, which is based on the information provided by you to WeParc at that time. The quotation accepted by you, the contracting client, is expected to reflect the agreement accurately and completely
- The ordered / purchased service is intended solely for your use through the smartphone app; you declare to not engage the purchased service on behalf of another party. Our service is only for legal and / or natural persons aged 18 and older who have a valid driver’s license.
- Please be aware that WeParc’s services are not offered and/or supplied at all locations within the territory. In the cases that you order our services through the website or smartphone app at a location where the WeParc Service is (temporarily) unavailable, WeParc will contact you in order to cancel or alter the agreement.
- WeParc will execute the agreement to the best of their ability and understanding. All work concerning the management / operation of your vehicle, is offered by representative and screened valets.
- For the implementation of certain activities that have an agreed or specified term, this is never a strict deadline. You cannot derive any rights or entitlement to information provided by WeParc related to availability, capacity and / or ETA. WeParc excludes any liability with respect to (information concerning) availability, capacity and / or ETA.
- WeParc has the right to implement a third party to carry out certain activities of the service. The applicability of Article 7: 404, 7: 407 paragraph 2 and 7: 409 of the Dutch Civil Code is explicitly excluded.
- You, as a client, ensure that all data, which WeParc indicates are necessary for the execution of the agreement, or of which you should reasonably understand are necessary for the proper implementation of the agreements, haven been provided to WePark correctly and timely. WeParc is not liable for damages of any kind, due to incorrect and / or incomplete data provided by you as our client.
- If you as the Client fully or partially cancels an agreement, then the work that is requested to be done and/or is completed will be charged to you.
- If you, after the agreement, are unable to conform, provide a vehicle, or are unable to take your vehicle back, WeParc is unable to provide its service to you. If this issue arises due to a lack of clearly provided information on your part, the service and/or parts of the service deemed to be delivered, including all risks related to the delegated service, will be charged. All costs WeParc has to make as a result of your failure (to make your vehicle available in time or take your vehicle back at the appropriate time), such as additional parking and insurance are your responsibility and must be fully paid for by you.
- In order to ensure smooth implementation of the service, make sure that you – before leaving your vehicle with one of our Drivers – remove all your belongings and other (unnecessary) materials from your vehicle, so our valet can safely and easily park and / or return your vehicle. WeParc excludes all liability for costs arising from damage to your vehicle and / or to third parties who are a direct or indirect consequence your vehicle not being parked or returned safely.
- If you as a client fully or partially cancels an agreement, then the work done / preparatory work completed will be charged to you.
Price and payment
- You will find an overview of the current prices in the WeParc app. The price depends on the territory in which you request our service, the duration of parking and any additional service(s). Once the (parts of) the service are successfully provided to you, an invoice is issued and payment takes place online, for which you give consent during the realization of the agreement.
- WeParc has completed your requested service once the key is handed back to you. Once the keys are transferred back to you as our client, all risks arising from the services passed on to you. Once WeParc has met all obligations arising out of the service, WeParc will charge you the agreed amount.
- All prices listed on the website and app WeParc are correct and are inclusive of VAT and other government levies. WeParc reserves the right to change prices at any time.
- Unless otherwise agreed, payment for the service takes place online through paypal or credit card. To ensure the security of your payment details your credit or debit card details on the payment platform are encrypted. Your bank may make additional security checks.
- If the direct debit was impossible or a payment of direct debit is reversed and if you fail to make payment within five (5) business days after you have been informed by WeParc to make payment, then you are legally in default and WeParc has the legal right to charge interest (from the due date), without prejudice to the other rights of WeParc. From the moment you are in default, WeParc is entitled to deny access to the WeParc Services.
Provision of information, confidentiality
- When you register as a user with your (personal) data you declare to proceed very carefully; you guarantee WeParc that the personal data provided is correct and complete. Alongside you declare and guarantee that the payment details you provided are your own, and also that you have enough bank balance to pay the granted service. Access to the services is possible through registration based on email address and password; the combination of this data should remain secret. WeParc ensures the protection of your registration and payment information.
- The contractor reserves the rights and powers for which he is entitled under the Copyright Act and other laws and regulations. The contractor has the right to be informed by the execution of an agreement at his side and use gained knowledge for other purposes, provided that no strictly confidential client information, such as personal information, is passed on to third parties.
- Any (visible and invisible) defects to the vehicle must immediately, but within twenty-four (24) hours after the service, be notified in writing (Info@WeParc.com) to WeParc. The message should be as detailed as possible so WeParc can respond appropriately. You provide WeParc the opportunity to investigate the complaint. Your report should, in all cases, include a good description of the damage and one or more photos.
- General complaints must be made within twenty-four (24) hours after the service and are to be notified in writing (Info@WeParc.com) to WeParc. The message should be as detailed as possible so WeParc can respond appropriately. You provide WeParc the opportunity to investigate the complaint.
- If you submit a complaint, we suspend your obligation to pay.
- If it is established that 1) your vehicle has a defect with respect to the state it was in when you made your vehicle available for WeParc 2) the defect is reported on time, a note will be prepared to be taken by both sides and we will contact the person in charge of the WeParc organization. Eventually we will contact you within 24 hours to complete insurance aspects in accordance with Article 7.
- The limitation period for all claims and defenses against WeParc and towards WeParc by third parties engaged in the conduct of the contract is one (1) year.
Liability; limit – and safeguard
- If WeParc is liable towards the user, this liability is limited to what is stated in these terms and conditions. WeParc is not liable for damage of any kind incurred due to incorrect and / or incomplete information provided by or on behalf of you.
- WeParc is not insured or responsible for loss, theft or damage to personal property or intellectual property left in the vehicle. It is your responsibility to make sure that your personal belongings are removed from the vehicle before putting on WeParc available to your vehicle.
- You are always responsible for having a liability insurance, in accordance with the Motor Insurance Liability Act (WAM) requirements. You are required to maintain such insurance throughout the duration of the contract. This provision shall apply to all journeys WeParc makes with your vehicle.
- WeParc automatically provides all of its users the benefit of an additional insurance for each ride that WeParc makes with your vehicle. If WeParc is liable for any damage, WeParc is limited to compensation for damage – beyond the primary insurance policy – you have suffered and may not be recovered from insurance taken out by you, for example a) loss of no -claim than three years, b) depreciation of up to € 7500, -, or c) general liability to a maximum of € 2,500,000, -.
- WeParc liability is always limited to the amount paid by its insurer, as appropriate.
- In all cases WeParc is only liable for direct damage. WeParc is never liable for indirect damages, including consequential damages, lost profits, and lost savings.
- You indemnify WeParc any claims of third parties who suffer in connection with the execution of the agreement and whose cause other than attributable to WeParc. If WeParc in this regard should be addressed by others, then you are bound to WeParc both in and out of court to assist and to do what you may be expected. If you fail to take adequate measures, WeParc is entitled to doing so themselves; all costs and damage on the side of WeParc and others become an integral expense and risk for you.
Personal data; processor and person responsible for –
- If and insofar WeParc has access to your personal information, WeParc treats it in accordance with the requirements under the Data Protection Act.
- If and insofar WeParc is qualified as processor within the meaning of the Data Protection Act, WeParc closes a processing agreement. In this case, with regard to the personal data processed on the basis of the agreement, that you are responsible and WeParc is the processor.
- WeParc takes security measures that are reasonable in respect to the technology used, the sensitivity of the personal data and costs related to the measures to be taken.
- All legal relationships which WeParc party is governed by Dutch law. The court in Amsterdam is authorized to hear exclusive jurisdiction of disputes.
- The parties first appeal to the courts after they have made full efforts to find mutual agreement to resolve the dispute.
- These general conditions have been deposited at the Chamber of Commerce in Amsterdam and available at http://www.WeParc.com/terms-conditions.