GENERAL TERMS AND CONDITIONS – WEPARC

Last modification date: January 15, 2019
General conditions WeParq B.V.

ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms, also in conjugation of plural or singular, are used in the following meaning, in so far as the nature or purport of the stipulations does not result otherwise.

  1. WeParc: WeParq BV, the user of these general terms and conditions, established at Olympia 2-J, 1213NT in Hilversum, registered in the Trade Register under Chamber of Commerce number 65578090.

  2. Other party: any natural or legal person with whom WeParc has entered into or intends to enter into an agreement.

  3. Consumer: the other party as referred to in the previous paragraph, natural person who does not act in the exercise of a profession or business.

  4. Parties: WeParc and the other party jointly.

  5. Agreement / assignment / reservation: every agreement concluded between the other party and WeParc with which WeParc has committed itself to the other party to provide services.

  6. Framework Agreement: the agreement as referred to in the previous paragraph with which WeParc has committed itself to the other party, not being a consumer, for a definite or indefinite period to provide services, on the basis of individual, further by the other party or a competent third party, assignments to WeParc. An authorized representative as referred to here shall also be regarded as the other party within the meaning of paragraph 2 if he provides an assignment to WeParc on the basis of a framework agreement.

  7. Services: all services to which WeParc has committed itself in the context of an agreement towards the other party, including: picking up a vehicle at an agreed location, parking it at a parking space to be determined by WeParc and place a vehicle back.

  8. Valet: the driver designated by WeParc who collects, parks or brings back the vehicle within the scope of the agreement.

  9. Vehicle: the motor vehicle of the other party or a third party, for which the services are provided.

  10. Application: The WeParc mobile application, « WeParc – Valet parking service », with which the services can be reserved.

  11. Website: booking.weparc.com where the services can be reserved.

  12. Written: in addition to traditional written communication, communication by e-mail, SMS, as well as any other means of communication that can be equated with this in view of the state of the art and the views prevailing in society.

 

ARTICLE 2. | GENERAL PROVISIONS

  1. These general terms and conditions apply to every offer from WeParc and every agreement reached.

  2. These general terms and conditions also apply to agreements in the formation of which a third party, such as a hotelier, is involved. These general terms and conditions are available for inspection by the third party in question.

  3. The applicability of the possible general terms and conditions of the (professional or business- acting) counterparty, under whatever name is indicated, is explicitly rejected.

  4. The provisions of these general terms and conditions can only be deviated from explicitly and in writing. If and to the extent that the parties have expressly agreed in writing, deviate from the provisions of these general terms and conditions, the parties have explicitly agreed in writing.

  5. Destruction or invalidity of one or more of the provisions of these general terms and conditions or the agreement as such does not affect the validity of the other stipulations. In a given case, the parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected stipulation. In doing so, the purpose and intent of the original provision will be taken into account as much as possible.

ARTICLE 3. | REGISTRATION, OFFER AND COMPLETION OF AGREEMENTS

  1. Before the other party can reserve services through the application or website, the other party must register on the application or website. The other party is obliged to provide fully and truthfully all required data required for the registration. After the registration procedure has been completed, the other party will receive an e-mail message confirming the registration.

  2. The other party is obliged to keep its password for access to its account on the application or website confidential. All actions performed on the counterparty’s account will be attributed to the registered counterparty.

  3. Every offer from WeParc is, without prejudice to the fact that WeParc has already committed itself to certain services on the basis of an already concluded agreement, also in case of a period of acceptance in the offer. WeParc is never obliged to enter into an agreement with the other party in the event of a free offer.

  4. Obvious errors and mistakes in an offer by WeParc do not bind him.

  5. An offer from WeParc that is based on incorrect or incomplete information provided by the other party can not derive any rights from the other party.

  6. Each agreement is concluded through offer and acceptance. If the acceptance of the other party deviates from the offer of WeParc, the agreement will not be concluded in accordance with this deviating acceptance, unless WeParc indicates otherwise. Contrary to the stipulation in the previous sentence, the agreement concluded by means of the application or website will only come into effect when the reservation has been confirmed electronically by WeParc. If the agreement concerns a framework agreement, WeParc reserves the right at all times to enter into the framework agreement only subject to the signing by the other party of a written agreement drawn up for this purpose by WeParc.

  1. If the other party concludes the agreement on behalf of another natural or legal person, it declares that it is authorized to do so by entering into the agreement. The other party is, in addition to this (legal) person, subject to the provisions of paragraph 9, jointly and severally liable for all obligations ensuing from that agreement.

  2. The counterparty that has entered into a framework agreement with WeParc is jointly and severally liable for the fulfillment of the obligations of the counterparty that reserves services from WeParc on the basis of this framework agreement. 9. If the other party reserves the services via a hotel or other third party, the other party authorizes this third party to make the reservation. The other party that reserves the services through a third party is liable to WeParc for the fulfillment of the obligation arising from the agreement concluded by the third party on behalf of the other party.

ARTICLE 4. | ABOUT WEPARC, RESERVATION OF A VALET AND OBLIGATIONS OF THE OTHER PARTY

  1. WeParc offers the services only between 7.00 am and 10.30 pm, except in case of force majeure and subject to extended opening hours on request or in special cases. Furthermore, the services only offer services in the Amsterdam and Schiphol region, but not at all locations within this region. A certain area within the region can be excluded from the service, either permanently or temporarily. The area in which the services can be reserved according to the functionalities of the application and website is decisive.

  2. If a valet is reserved at a location that was available at the time of booking, but afterwards it appears that this location can not be reached, WeParc will contact the other party as soon as possible to agree on an alternative location. In that case, the other party is entitled to cancel the reservation for that part that can not be carried out. WeParc accepts no liability for not being able to fulfill the agreed services because the agreed location for the valet is not available.

  3. The offering of a vehicle to a valet and the receipt thereof after the event is exclusively reserved for persons who have reached the age of 18 years, have a valid driving license and legally use the vehicle. In case of doubt, the valet may ask for evidence showing that the conditions in question are being met. The valet is never obliged to accept or return the vehicle to a person whose valet suspects that it is not authorized to issue or collect the vehicle.

  4. For the reservation of a service, the other party must observe the pre-notification time stated by WeParc, which differs for weekdays, day parts and location. WeParc is always entitled to change the pre-registration times, except insofar as expressly agreed otherwise by means of a framework agreement.

  5. The vehicle is parked on a parking garage designated by the valet or WeParc after it has been collected by the valet. The choice in which garage the vehicle is parked depends on the agreed or expected parking duration, availability and occupancy rate of parking garages. The parking garage will be a garage with which WeParc has entered into a partnership.

 
  1. Notwithstanding the provisions of paragraph 5, WeParc has the freedom to park the vehicle on the street or in a public parking garage for a shorter period. This should WeParc consider it desirable for reasons of efficiency and in relation to busy traffic. If, in WeParc’s opinion, the traffic has decreased sufficiently, WeParc will move the vehicle to a garage as referred to in paragraph 5. The costs of any street parking and / or parking in a public garage will be charged to WeParc.

  2. The fuel costs in connection with the kilometers driven by the valet in the vehicle shall be at the expense of other party.

  3. WeParc is at all times entitled to leave the execution of the agreement entirely or partially to independent auxiliary staff not subordinated to him. The applicability of article 7: 404 and 7: 409 of the Dutch Civil Code is excluded. These general terms and conditions have also been stipulated for the benefit of third parties that WeParc may involve in the execution of the agreement. Therefore, to the extent that the rights or obligations can not be reserved exclusively to WeParc by virtue of their nature or purport, these third parties can invoke the provisions of these general terms and conditions and the agreement as such, as if they were themselves a party to the agreement. agreement

  4. The other party warrants that at least one liability insurance has been taken out in respect of the vehicle, in accordance with the requirements set out in the Motor Insurance Liability Act (WAM) and that this vehicle is maintained for the entire duration of the agreement. WeParc may assume that the vehicle is at least WA insured during all journeys of the valet.

ARTICLE 5. | COLLECTION AND RETURN OF THE VEHICLE BY A VALET

  1. The counterparty reserving a valet guarantees that it provides correct and complete information, correct and complete, in the manner specified by WeParc, in the application, on the website or in the context of the framework agreement. WeParc is never liable for damage caused by the fact that it is based on incorrect or incomplete information provided by the other party.

  2. The other party must ensure that the vehicle is transferred to the valet without any (valuable) property present therein. The other party also guarantees the smoothest possible handling of the transfer of the vehicle by the counterparty to the valet and vice versa.

  3. The other party can change the location of pick-up or return of the vehicle free of charge, or cancel the reservation free of charge up to 90 minutes before the agreed time. In the event of a subsequent change or cancellation, € 12.50 will be charged to the other party for this. In the framework agreement, explicitly different agreements can be agreed on.

  4. For the return of the vehicle at the request of the other party as a matter of urgency, outside the times when reservation via the application or website is possible, € 50.00 will be charged to the other party, on the understanding that WeParc is entitled to such a to reject the request of the other party if the other party’s interest in returning the vehicle at the time desired by it does not, in the opinion of WeParc, outweigh the disadvantage resulting from this for WeParc.

 
  1. In the event that the goods are left in the vehicle at the request of the other party, € 25 will be charged to the other party, on the understanding that WeParc is entitled to reject such a request from the other party if the interest of the counterparty of premature delivery of the good, in the opinion of WeParc, does not outweigh the disadvantage that ensues for WeParc.

  2. If a consumer makes a paid reservation via the website or application, he explicitly declares in the reservation that WeParc starts with the execution of the agreement with the prior consent of the consumer and that the consumer waives his statutory right of dissolution insofar as WeParc has already provided the services.

  3. The other party guarantees that it is present at the agreed time and location for the transfer or receipt of the vehicle. In case the valet appears at the agreed location and the other party is not present at that location, the valet will wait no more than 30 minutes. If a valet on behalf of the other party, due to regular reservations of the other party, due to a circumstance attributable to the other party, regularly waits for more than 30 minutes, WeParc is entitled to shorten the intended waiting time to 15 minutes after the other party has been warned in writing.

  4. The counterparty offers WeParc some margin in the agreed collection and return times in connection with unexpected traffic congestion, traffic accidents and other unforeseen circumstances. With regard to delays due to unforeseen circumstances, the other party is never entitled to any compensation.

  5. If in connection with a reservation for collecting a vehicle, the waiting time as referred to in paragraph 6 has been exceeded and the other party has not yet appeared at the agreed time, WeParc is entitled to charge the price that applies for the first parking day. and cancel the contract otherwise. Charging the price for the first parking day also applies in the event of a return of the vehicle, on the understanding that a parking action is again started and the rate of the first parking day on top of the price already agreed for the reservation is due and valet will also park the vehicle again. All extra costs incurred in connection with the circumstance that the other party is in default with the fulfillment of the obligations arising from the agreement, will be fully for the account of the other party, calculated as far as possible according to the usual rates applied by WeParc.

  6. Transfer of the vehicle by the counterparty to the valet takes place on the basis of a 6-digit code obtained by both through the application, website, an e-mail or SMS message, on the understanding that if the service is reserved by means of a third party, such as hotelier, the counterparty or valet may not have the intended code. In so far as the code is available to the other party, the other party can judge on the basis of the code to be displayed by the valet whether the person who collects the vehicle is really the valet. WeParc can never accept any liability for loss or theft of the vehicle because a third party who is not employed by WeParc or is not affiliated with WeParc as a non- subordinate of WeParc, pretends to perform the services for the benefit of the other party, not even if the other party could reasonably assume that this third party was affiliated with WeParc as referred to above. Only if the theft or loss as referred to here is the result of intent or willful recklessness of WeParc, is WeParc liable for this. It is therefore the responsibility of the other party to take due care in the transfer of the vehicle.

  7. From the moment that the vehicle is actually transferred by the valet to the other party, the risk of loss and damage to the vehicle will be fully borne by the other party again.

ARTICLE 6. | FORCE MAJEURE

  1. WeParc is not obliged to fulfill any obligation under the agreement if and for as long as it is prevented from doing so by a circumstance that can not be attributed to it pursuant to the law, a legal act or generally accepted views.

  2. If the force majeure situation makes the fulfillment of the agreement permanently impossible, the parties are entitled to dissolve the agreement with immediate effect. If the vehicle has not yet been returned by a valet at the time of the dissolution of the agreement, WeParc will make every effort to provide the other party with the vehicle as quickly as possible, by return of the vehicle by or on behalf of WeParc. or by informing the other party of the parking garage where the vehicle is accommodated.

  3. If WeParc has already partly fulfilled its obligations on the occurrence of the force majeure situation, or can only partly fulfill its obligations, it is entitled to charge separately the already executed part or executable part of the relevant agreement as if there were there is an independent agreement.

  4. Damage as a result of force majeure is, without prejudice to the application of the previous paragraph, never eligible for compensation.

ARTICLE 7. SUSPENSION AND DISSOLUTION

  1. If the shortcoming of the other party reasonably justifies this, WeParc is authorized to suspend the execution of the agreement or to dissolve the agreement with immediate effect in whole or in part, if and in so far as: a. The other party does not fulfill its obligations under the agreement. fails to comply in time or in full; or b. After the conclusion of the agreement, WeParc learns of circumstances giving good reason to fear that the other party will not fulfill its obligations, the other party has been requested to provide security for the performance and this security has not been received within a reasonable period stated by WeParc.

  2. If the fulfillment of the obligations of the other party in respect of which it falls short as referred to in paragraph 1 under a, is not permanently impossible, the authority to dissolve only arises after the other party has been declared in default in writing, in which notice a reasonable term is stated within which the other party can still fulfill its obligations and fulfillment after expiry of the last-mentioned period still has not taken place.

  3. The other party is obliged to compensate the damage that WeParc suffers as a result of the suspension or dissolution of the agreement.

  4. If WeParc dissolves the agreement pursuant to this article, all claims against the other party will be immediately due and payable. 5. If WeParc terminates an agreement with the other party pursuant to this article, WeParc is entitled to permanently block the other party from accessing the website and application. In case of suspension of the agreement, this also applies, on the understanding that this only takes place for the duration of the suspension.

ARTICLE 8. | PRICES AND PAYMENTS

  1. Particular price and payment agreements may be made by way of a framework agreement that deviates from the relevant provisions on the website, application and the following paragraphs of this article.

  2. WeParc’s offer through the website or application states the most accurate possible statement of the price applicable to the services. WeParc is entitled at all times to change its prices, on the understanding that price changes do not relate to agreements already concluded. All amounts stated on the application and website are inclusive of VAT and other government levies. Any amounts due by the other party in the context of a framework agreement are exclusive of VAT, unless explicitly stated otherwise.

  3. The price due by the other party depends on the area where the services are reserved, as well as the actual parking duration. The minimum price, as stated on the website or application, applies in case the parking duration is less than 5 hours, if the daily rate is charged for the first day. For additional parking days, as well as a part thereof, the ‘extra day’ rate applies, as explicitly stated in the reservation, and which rate is charged to the other party cumulatively.

  4. The determination of the number of parked days to be charged is determined on the basis of the period during which the vehicle was actually in the garage; even if a day is exceeded in connection with the (possibly large) pre-registration time for the return of the vehicle, the applicable rate for the last parked day will be charged.

  5. Payments of reservations placed through the application or website are made by PayPal or credit card. Cash payment to the driver does not release the other party from its payment obligations towards WeParc. Prices will be charged on the basis of actual costs. The opposing party will be given the opportunity, free of obligation, to raise the amount due with a tip for the valet through the application or website. This tip is also made available by WeParc to the relevant valet.

  6. If it is impossible for a shorter or longer period to collect the amounts owed by the other party by means of the credit card or PayPal account of the other party, WeParc is entitled to demand payment of the amount due by means of transfer. WeParc is entitled to charge administration costs that can reasonably be determined by him, on the understanding that no additional administration costs, statutory interest and collection costs will be charged to a consumer before the consumer has been unsuccessfully summoned by WeParc to outstanding payment without incurring additional costs within at least 14 days.

 
  1. Payments of a framework agreement take place in the manner explicitly agreed for that purpose and within the agreed term. If the framework agreement does not state a payment term, payment must be made within the period stated on the invoices by WeParc.

  2. WeParc is entitled to make the invoices to the other party available to it exclusively by electronic means.

  3. If no payment is made in time, for example because the credit card or PayPal account of the other party does not provide sufficient balance, the default of the other party will take effect by operation of law. From the day the default of the other party occurs, the other party, without prejudice to the last sentence of paragraph 6, owes interest of 2% per month on the outstanding amount, whereby a part of a month is regarded as a full month. Contrary to the contractual interest referred to here, the statutory interest will be charged if the other party is a consumer.

  4. All reasonable costs, both judicial, extrajudicial and execution costs incurred to obtain the amounts owed by the other party, are at the expense of the other party.

ARTICLE 9. | COMPLAINTS

  1. When returning the vehicle through the valet, the counterparty is obliged to check, immediately and in the presence of the valet, whether the vehicle is in the same condition as when the vehicle was made available by the valet at the pick-up of the vehicle. At the time of return visible or otherwise noticeable damage to the vehicle must immediately be reported by telephone to the head office of WeParc, in the presence of the valet. Furthermore, the other party must report the damage within 48 hours by e-mail (info@weparc.nl). This report must be as detailed as possible and contain one or more photos with which the damage is demonstrated, so that WeParc is able to respond adequately. The other party must give WeParc the opportunity to further investigate the damage.

  2. If the other party does not timely notify damage to its vehicle, in accordance with the previous paragraph, it is deemed that the vehicle has been delivered in the same condition as in which the other party has made it available to WeParc.

  3. Any other complaint regarding the execution of the agreement, other than referred to in the first paragraph, must be submitted in writing to WeParc within 24 hours after discovery, or at least the reason to be able to ascertain the defect presumed by the counterparty, failing which the the other party can no longer appeal to any fault or shortcoming in this respect and WeParc can no longer be held liable for any damage suffered by the other party in this respect.

  4. Even if the other party makes a timely complaint, the other party’s obligation to pay in full and on time, as well as the obligation to fulfill further agreements, remains.

  5. If it is certain that the vehicle, except normal wear and tear, has been returned to the other party in a lesser state than the state in which it was when the counterparty made the vehicle available to WeParc, and is informed about this in time in accordance with the provisions of the previous paragraphs. done to WeParc, a note will be drawn up by both parties and contacted by the responsible valet. Subsequently, the other party will be contacted within 24 hours in order to complete any insurance-technical aspects, without prejudice to the provisions in the following article.

 

ARTICLE 10. | LIABILITY

  1. WeParc’s liability is excluded for damage caused by errors and shortcomings of parking garage owners that WeParc has involved in the execution of the agreement. Furthermore, WeParc is not liable for loss, theft or damage to the vehicle, which damage has occurred during the period that the vehicle is parked in the parking garage. With regard to the parking of the vehicle, the counterparty provides WeParc with a power of attorney to enter into a commitment to use the parking garage on behalf of the counterparty with the parking garage holder. In the event of disputes concerning the execution of the latter obligations, WeParc may, insofar as may reasonably be expected of him, mediate, without WeParc being liable for errors or shortcomings of the parking garage, including a claim for remission or restitution of the performance of the contract by the other party to WeParc. For the rest, the other party must, in the event of such claims, contact the relevant garage owner.

  2. Provided it is indisputable that the traffic violation was committed during the period that the vehicle was owned by WeParc, any traffic penalty connected with that traffic violation will be charged to WeParc, this being subject to the additional condition that the other party must pay the traffic within 14 days of the date of the decision of the CJIB, sent to WeParc, after expiration of which the liability of WeParc in this matter lapses. The other party can report the existence of the fine by telephone or by e-mail to WeParc.

  3. WeParc is not insured or responsible for loss of, theft of, or damage to personal property left in the vehicle. It is the other party’s own responsibility to ensure that its personal property has been removed from the vehicle before it makes the vehicle available to the valet.

  4. WeParc is never liable for damage insofar as this damage is recoverable from any insurance of the other party.

  5. WeParc offers additional insurance for the benefit of the counterparty for whom the vehicle is parked for every journey WeParc makes with the vehicle. If WeParc should be liable for any damage, the liability of WeParc shall never exceed the amount actually paid out in the relevant case under WeParc’s liability insurance, increased by the possible excess of WeParc that applies under that insurance.

  6. WeParc shall not, without prejudice to the provisions of the other of these general terms and conditions, be liable for damage in connection with or damage caused by an inaccuracy in the data provided by the other party, any other shortcoming in the fulfillment of the obligations of the other party. arising from the law or the agreement, as well as another circumstance that can not be attributed to WeParc.

  7. WeParc is not liable for damage resulting from unauthorized use of login data for access to the website or application.

  8. WeParc endeavors to optimize the proper functioning and accessibility of the website and application. However, WeParc can not guarantee that the range of services is available indefinitely and that all facilities on the website and application always function without problems. All liability of WeParc in this respect is excluded.

 
  1. WeParc is authorized at all times to temporarily (temporarily) disable the website and / or application if this is desirable with regard to maintenance, adaptation or improvement of the website or application or the servers of WeParc or third parties whose services are provided by WeParc. dependent. All liability of WeParc in this respect is excluded. WeParc endeavors to carry out any maintenance on the website or application as much as possible at times at which users of the website or application thereof will experience the slightest hindrance, but can never offer any guarantee regarding this.

  2. WeParc is not liable for programming errors on the website and / or application. Furthermore, WeParc is not liable for viruses or other harmful components that cause damage to the hardware or software of the other party by means of the website or application.

  3. WeParc makes every reasonable effort to secure its systems against any form of unlawful use by third parties. WeParc is never liable for damage as a result of loss or damage to data provided by the other party.

  4. WeParc is never liable for indirect damage, including loss, lost profit and damage as a result of business interruption. WeParc is, without prejudice to the provisions of the other of these general terms and conditions, only liable to the other party for direct damage that the other party suffers as a result of an attributable shortcoming of WeParc in the performance of its obligations under the agreement. An attributable shortcoming must be understood as a shortcoming which a good and diligent colleague can and should avoid, all this with due regard for the normal attention and the professional knowledge and resources required for the execution of the agreement. Direct damage is exclusively understood as: – The reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage that qualifies for reimbursement within the meaning of these general terms and conditions; – Any reasonable costs incurred to have the defective performance of WeParc comply with the agreement, to the extent that these can be attributed to WeParc; – The reasonable costs incurred to prevent or limit damage, insofar as the other party demonstrates that these costs have led to a limitation of the direct damage as referred to in these general terms and conditions.

  5. WeParc’s liability for repairable errors or shortcomings does not exist until the other party has given WeParc the opportunity to repair this damage, failing which WeParc will not incur any liability in this respect.

  6. A condition for the existence of any right to compensation is that the other party has timely reported the damage to WeParc in accordance with Article 9.

  7. Without prejudice to the expiry periods as referred to in Article 9, the limitation period for all claims and defenses against WeParc shall be one year.

  8. The other party shall indemnify WeParc against all claims from third parties, for whatever reason, in respect of compensation of damage, costs or interest, the origin of which can be attributed to (an) other (s) than WeParc. If WeParc is held liable by third parties in this respect, then the other party is obliged to assist WeParc both in and out of court and to do everything that may be expected of it in that case. If the other party fails to take adequate measures, then WeParc is entitled to proceed to that. All costs and damage on the part of WeParc and third parties arising from this, are fully for the account and risk of the other party.

  9. The liability-limiting clauses of these general conditions do not apply if the damage is caused by intent or deliberate recklessness of WeParc.

ARTICLE 11. | ABUSE WITH REGARD TO THE WEBSITE AND APPLICATION

  1. Abusive behavior with respect to the website or application is strictly prohibited. Abuse is understood to mean non-limitative means the deliberate insertion of incorrect and misleading data, deliberately causing malfunctions or defects in the website or application and in any other way infringing the software or systems of WeParc.

  2. The other party is prohibited from using the website or application for unlawful actions, for acts that are contrary to generally applicable standards and values and for committing criminal offenses. This includes the infringement of any intellectual property rights of WeParc or third parties, the distribution of secret or confidential information, the unlawful, unlawful or punishable dissemination of data and unlawful infringements of the systems on which WeParc’s services depend, including spreading viruses, worms, et cetera.

  3. If the other party acts contrary to the provisions in paragraph 1 and / or 2, WeParc is entitled to permanently block the other party’s access to the website and application and the other party is liable for all damage that WeParc suffers as a result of the infringement.

ARTICLE 12. | PRIVACY

  1. WeParc respects the privacy of the other party and processes personal data of the other party in accordance with the General Data Protection Regulation. Personal data of the other party will only be processed by WeParc to the extent that this is necessary for the execution of agreements between WeParc and the other party and to inform the other party about the services offered by WeParc. All personal data of the other party, including payment details, are stored by WeParc through a secure web environment. Personal data of the other party are not provided to third parties, except insofar as this is necessary for the execution of an agreement between WeParc and the other party, for example with regard to the effectuation of payments by payment providers.

  2. In the event of suspicion of acting in violation of these general terms and conditions or a legal provision by the other party, WeParc reserves the right to retrieve the personal data of the other party in order to address the other party to its inadmissible actions and / or to take appropriate measures.

  3. Personal data will no longer be stored by WeParc in a form that makes it possible to identify the other party than is necessary for the realization of the purposes for which they are processed.

  4. WeParc implements appropriate technical and organizational measures to protect personal data against loss and against any form of unlawful processing. These measures ensure, taking into account the state of the art and the costs of implementation, an appropriate level of security in view of the risks involved in the processing and the nature of data to be protected. The measures are also aimed at preventing unnecessary collection and further processing of personal data.

ARTICLE 13. | FINAL PROVISIONS

  1. Dutch law is exclusively applicable to every agreement and all legal relationships arising from it.

  2. Before making an appeal to the court, the parties are obliged to make the best possible effort to settle the dispute by mutual agreement.

  3. Insofar as the law does not deviate from this provision, only the competent court in Amsterdam will be appointed to take cognizance of possible legal disputes.