The use of these Services is governed by the following general terms and conditions (hereinafter the "General Terms and Conditions").
The User declares being aware of the need to have, at their own expense, an internet subscription and that the configuration of their computing and mobile equipment is compatible with the use of the Services made available by BePark.
The User acknowledges having read these General Terms and Conditions and having accepted them without reservation before using BePark's Services.
1.1. "User": any person who uses BePark's services, in particular one who has access to at least one parking space made available by BePark, regardless of the means by which they obtained that access.
1.2. "Services": all services offered, proposed or provided by BePark in the context of its commercial activity, in particular the provision of parking spaces to the User, via the means provided by BePark for this purpose, in particular the Application.
1.3. "Application": the "BePark" mobile application enabling access, in particular, to the parking spaces made available.
1.4. "Website": the website www.bepark.eu.
1.5. "Subscribed User": User who takes out a subscription. The subscription is valid from the 1st day of the month, with the possibility of pro-rata payment if the subscription begins after the start of the month, and for the duration indicated at the time of subscription, which may be monthly, quarterly, half-yearly or annual. The Subscribed User may cancel their subscription by closing it in their customer account. The cancellation takes effect at the end of the current subscription period. Article VI.91, §2 of the Code of Economic Law provides that: "Without prejudice to the law of 4 April 2014 on insurance, the consumer may, after the tacit renewal of a fixed-term contract, terminate the contract at any time, without compensation, after the expiry of a notice period provided for in the contract, which may not exceed two months".
1.6. "Occasional User": User who uses the Services by booking a parking space for a fixed period, on an hourly or daily basis. The booking duration ranges from a minimum of 4 hours to a maximum of 30 days. The booking is valid for the time slot expressly selected, without tacit renewal beyond the booked period.
1.7. "Professional User": User who uses the Services in the context of their professional activity, holds a valid VAT number and has taken out a BePark Pro subscription.
1.8. "BePark Pro": Monthly subscription formula reserved for Professional Users, at a price of €4.99 excl. VAT/month per parking space. One subscription allows the registration and use of only one licence plate for one parking space. Each additional licence plate is subject to the charges provided for in article 7.6.
These General Terms and Conditions are intended to define the conditions and modalities according to which BePark makes the Services available to the User.
3.1. These General Terms and Conditions apply to all Services made available to the User by BePark and for the duration of the User's subscription or booking.
3.2. These General Terms and Conditions take precedence over all other general or specific conditions or other documents that the User may have sent to BePark.
3.3. These General Terms and Conditions exclusively govern the relations between BePark and each User. The User remains nonetheless bound to comply with the internal regulations of the car parks they visit in the context of their use of the Services.
3.4. The User declares having read these Terms and Conditions and undertakes to comply with them.
3.5. BePark reserves the right to amend these General Terms and Conditions at any time. The amended General Terms and Conditions are published on the Website and communicated to the User. Continued use of the Services after notification constitutes acceptance of the new General Terms and Conditions.
3.6. The invalidity, lapse or unenforceability of any provision of the General Terms and Conditions does not affect the validity of the other provisions, which retain their full legal force.
4.1. These General Terms and Conditions enter into force on the date of their online publication and are enforceable from the date of the User's first use of the Services.
4.2. These General Terms and Conditions are enforceable for the entire duration of the use of the Application and the Services, until new General Terms and Conditions replace the present ones.
4.3. The User may at any time cease using the Application and the Services offered therein, but remains subject to the General Terms and Conditions until the end of their contract.
5.1. The User expressly declares having the necessary authority, mandate and capacity to enter into and perform the obligations incumbent upon them in the context of the use of the Website and the Services.
5.2. Only Users aged at least 18 years may use the Service or the Application.
5.3. If the User resides in a jurisdiction that restricts the use of the service or the Application for age-related reasons, they must respect those age limits.
5.4. The natural person User declares being of legal age to enter into a binding contract. The legal entity User declares that their representative has all powers to bind the legal entity.
5.5. Any person who is legally incapacitated within the meaning of articles 5.41 et seq. of the (Belgian) Civil Code may not in any way become a User.
6.1. The Application, the Website and the Services are normally accessible 24 hours a day, 7 days a week. However, BePark cannot be held liable for interruptions in availability that do not depend on its will.
6.2. BePark reserves the right to modify, suspend or interrupt, temporarily or permanently, in whole or in part, the Website, the Services or the Application without prior notice.
6.3. Any interruption or cessation of availability of one or more parking spaces will be preceded by a maximum notice period of 30 calendar days for Users. If BePark itself is not informed in time, the notice period may be shortened or not given.
6.4. In the event of an update to the Application, the User may not be able to use the Application until the latest version is installed.
6.5. The User acknowledges that the Application and the Website are provided via the internet and mobile networks, and that quality and availability may be affected by factors beyond BePark's reasonable control. BePark is therefore not responsible for connectivity issues.
6.6. When BePark terminates the Services with immediate effect and if the period during which the termination occurs has already been invoiced, the overpaid amounts will be refunded to the User, to the extent that the User is not responsible for the interruption. This provision does not apply in the event of force majeure.
7.1. The User wishing to use the Services and/or the Application must create a personal account via the Website.
7.2. At registration, the surname, first name, e-mail address, licence plate number and payment details are required. The User undertakes to provide accurate, complete and up-to-date information. In the event of non-compliance, a flat-rate penalty of €25 is due as of right.
7.3. The User is responsible for the confidentiality of their identification data and must inform BePark immediately in the event of loss or unauthorised use.
7.4. For car parks requiring a badge, key, remote control or other access device, a deposit of €50 including VAT is required. In the event of loss, theft or serious damage, fixed charges of €150 including VAT are applied.
7.5. The User may register one or more licence plate numbers in their account. The number of permitted plates depends on the type of subscription taken out.
7.6. Where more licence plates than those covered by the subscription are registered, administrative charges of €25 per additional vehicle per day are applied.
7.7. A BePark User may register a maximum of 2 telephone numbers on their profile. For each additional number, the User pays administrative charges of €15.
8.1. The User may only access the Services using the access means provided by BePark.
8.2. By using BePark's Services, the User undertakes to:
8.3. The User undertakes to comply with the General Terms and Conditions, the internal regulations, the safety rules and the signage of the car parks made available to them.
8.4. Fraudulent use of the Website or use contrary to the General Terms and Conditions may lead BePark to refuse access to the Services at any time.
9.1. The accessibility of the car park depends on the car park and the access method chosen by BePark:
9.2. For occasional use: the Occasional User must book a parking space via the Website for the desired duration, if the availability and type of car park permit.
9.3. For a subscription: the Subscribed User must book a parking space via the Website or with the help of BePark's commercial department.
9.4. In the event that the User parks without a valid purchase, their vehicle may be removed as described in the section "Retention, immobilisation, relocation and removal of vehicles".
9.5. The height of vehicles must not exceed the height indicated at the entrance to the car park and may in no case exceed 4.80 m. It is forbidden to enter the car park with trailers of any kind, including caravans.
9.6. If specific conditions apply to the car parks used, these are mentioned in the proof of purchase provided at the end of the booking process.
9.7. BePark has the right to refuse access to a User who does not comply with these General Terms and Conditions, any specific conditions or the internal regulations.
10.1. The User may only enter the car park, park and leave during the hours corresponding to their purchase.
10.2. The User may only park their vehicle in the spaces reserved for BePark Users corresponding to their type of vehicle.
10.3. In the event of non-compliance with applicable rules, BePark may have the vehicle removed at the User's cost, risk and peril. BePark will automatically and without formal notice debit the User's account for the evacuation costs.
10.4. The User and all persons accompanying them are required to respect the peaceful nature of the neighbourhood. Use of radios and other sound sources in the car park is prohibited.
10.5. The User undertakes to leave the car park in an impeccably clean state. It is strictly forbidden to wash vehicles in the car park, to carry out any kind of work there or to deposit anything other than a validly registered and insured vehicle.
10.6. Vehicles parked in the car park must meet the same conditions as those applicable to vehicles parked on the public highway. The maximum permitted driving speed is limited to 10 km/h.
10.7. Cars must be locked, with windows closed and alarm activated; bicycles must be properly secured to the bicycle racks provided for this purpose (maximum 2 bicycles per rack, one on each side).
10.8. The provision of the parking space may not be the subject of any assignment or subletting.
10.9. In the event of exceeding the car park access hours by more than 30 minutes, administrative charges of €25 will be applied to the User's account.
10.10. If it is found that a User is parking more vehicles in the car park than they have subscriptions, administrative charges equal to €25 per additional vehicle per day will be applied.
10.11. If it is found that a Subscribed User is using their subscription for more licence plates than those covered by the subscription, administrative charges equal to €25 per additional vehicle per day will be applied.
11.1. In the event of an accident or involuntary immobilisation of a vehicle, the User immediately takes the necessary measures to have the vehicle towed. The User informs BePark directly by e-mail (info@bepark.eu) or by telephone (BE: +32 (0)2/880.05.50, FR: +33 (0)1.82.88.72.87).
11.2. The User formally authorises BePark and/or the owner of the car park to relocate or have relocated their vehicle, at their cost and risk, in the following cases:
In these cases, the relocation costs are set at a flat rate of €400 including VAT.
11.3. When the User's vehicle remains in the car park after the contractually stipulated period of use, BePark may relocate the vehicle and apply a wheel clamp, against fixed charges of €400 including VAT. The vehicle will only be returned after full payment of the relocation and/or wheel clamping costs, the parking charges and any other costs.
11.5. Bicycles and cargo bikes not collected or claimed after a period of three months from their placement in the car park will be considered lost.
12.1. Registration via the Website or the Application with BePark is free. The price of each provision of a parking space is displayed on the Website or the Application in euros including VAT and varies according to the car park and the parking duration. The price of the BePark Pro subscription is set at €4.99 excl. VAT per month.
12.2. BePark reserves the right to amend its pricing at any time. Pricing changes cannot have retroactive effect and do not apply to current bookings. New subscription pricing is communicated with a minimum advance notice of 15 calendar days.
12.3. In the event of non-compliance with car park opening hours, the administrative charges set out in article 10.9 apply.
12.4. Unless special provisions state otherwise at the time of booking, any cancellation or modification of a subscription or booking is free of charge up to 24 hours before they begin. Once the period of use has started, it is due in full.
12.5. Any subscription taken out via the BePark marketplace is subject to service charges of 10% of the monthly subscription amount, with an absolute cap of €9.99 including VAT per month per subscription.
12.6. Any booking made via the BePark marketplace is subject to service charges of 15% of the total booking amount, with an absolute cap of €9.99 including VAT per booking. Service charges are non-refundable, except pursuant to mandatory legal provisions or upon cancellation in accordance with article 12.4.
Mobile telephony charges are borne by the User and are invoiced directly by their operator.
14.1. There are two payment methods for using BePark's paid Services:
14.2. The provision of parking spaces by BePark to the User is subject to payment. The User chooses their payment method upon registration on the BePark website.
14.3. The User acknowledges that BePark may debit the credit card account or bank account they provided at registration, for the Services they have requested, without additional authorisation.
14.4. The User is responsible for payment of their invoice by the due date indicated on that invoice at the latest. Payments are non-refundable. Non-payment of an invoice makes all amounts owed by the User to BePark immediately due and payable.
14.5. BePark uses a third-party payment system to link the User's credit card account to the Application and the Services.
14.6. BePark disclaims all liability in the event of an error attributable to the payment system.
14.7. BePark guarantees the security of payments and complies with SSL standards to effectively protect data.
14.8. In the event of refusal of payment authorisation or non-payment, BePark reserves the right to take measures to recover the amounts owed via payment reminders, temporary blocking of access or transfer of the file to an external debt collection agency.
14.9. In the event of non-payment within the stipulated timeframes, interest is due as of right and without formal notice, as well as a flat-rate indemnity of €40 for recovery costs. In addition, a penalty clause equal to 10% of the unpaid amount applies as of right.
14.10. The User declares having taken note of the fact that each invoice issued is fully due and that termination of the contract cannot under any circumstances have retroactive effect on invoices already issued.
By accepting these General Terms and Conditions and using the Application or the Service, the User agrees to defend, indemnify and hold harmless BePark, its subsidiaries, licensors and each of its directors, officers, other Users, employees, agents and representatives against any claims, costs, damages, losses, liabilities and expenses arising from or related to:
16.1. To the extent permitted by law, BePark and the owner(s) of the car parks will in no event be liable to Users for any loss, injury or damage related to the use, inability to use or results of the use of the Application, the Website or the Services.
16.2. BePark will endeavour to keep the Website, the Application and their content in a correct and up-to-date state, but does not guarantee that the Website and/or the Application are free from errors, defects, malware or viruses.
16.3. BePark is not liable for damage arising from the use of electronic means of communication, in particular damage arising from a failure or delay in transmission or the presence of viruses.
16.4. BePark and the owner(s) of the car parks disclaim all liability for any damage of any kind whatsoever, physical, material or immaterial, to persons or property that may occur in connection with the use of the car park. The User undertakes to report any damage immediately via support@bepark.eu.
16.5. Since BePark does not have the status of depositary, it does not assume any obligation of surveillance or custody for goods belonging to the User.
16.6. BePark only assumes best-efforts obligations for all Services offered, proposed or provided.
16.7. In any event, BePark's liability may not exceed a sum equal to the amounts paid in respect of the transaction giving rise to that liability. BePark's liability cap for Subscribed Users corresponds to the price paid for one monthly instalment and, for Occasional Users, to the price paid for a single booking.
16.8. The User is solely responsible for any damage to their computer or any data loss resulting from downloading, consulting and using the Website and/or the Application.
16.10. BePark is liable without limitation for damage arising from an infringement of the physical integrity of the User resulting from an act or omission by BePark; in the event of intentional fault by BePark; and in the event of gross negligence by BePark.
17.1. The User expressly acknowledges granting BePark, exclusively and free of charge, the right to exploit all content published by the User via the Application and/or the Website on the internet, social networks or by any other means, for commercial or advertising purposes, without territorial limitation.
17.2. However, BePark has no obligation to use and/or exploit the content published by the User.
17.3. The User acknowledges that BePark acts as a mere intermediary for the distribution of user content and is not responsible for the content or the accuracy of user content.
17.4. The User declares and warrants that the user content they post or send originates from themselves, does not constitute plagiarism of third-party creations and does not infringe third-party intellectual property rights.
17.5. The User accepts and undertakes to permanently hold harmless BePark, its subsidiaries and licensors from all costs, expenses, damages, losses and liabilities resulting from user content posted or sent by them.
17.6. BePark reserves the right to block or remove user content that is posted or sent, in whole or in part.
18.1. If the User complies with these General Terms and Conditions, BePark grants them a limited, non-exclusive and non-transferable licence allowing them to download and install one copy of the Application on a mobile phone they own or control, and to use that copy exclusively for personal use.
18.2. The User may not:
18.3. The User may not: send or store unsolicited or repetitive messages; send or store infringing, obscene, threatening or otherwise unlawful content; send or store content containing viruses or other harmful computer codes; attempt to gain fraudulent access to the Website, the Application or the Service.
18.4. BePark has the right to investigate the infringements mentioned above and to take legal action. BePark may call on police authorities to prosecute Users who violate these General Terms and Conditions.
19.1. The Application and the Website contain texts, images and sounds that are the exclusive property of BePark. These elements are protected by copyright and intellectual property rights worldwide.
19.2. BePark's name, logo and product names are trademarks of BePark, its affiliated companies or third parties. BePark grants no right or licence to use these trademarks.
19.3. The intellectual property elements are made available to the User free of charge, exclusively for the use of the Services. BePark may revoke the authorisation to use them at any time.
19.4. Any copying or imitation of the concept or format of the Website and/or the Application is strictly prohibited.
19.5. Any exploitation, in whatever form, must be the subject of prior written authorisation from BePark.
19.6. In the event of non-compliant or abusive use of the intellectual property elements, BePark reserves the right to put an end to the infringement by all available legal means.
19.7. Any infringement may give rise to civil and/or criminal proceedings.
20.1. When using the Website, the Application and the Services, links to third-party websites may be provided. BePark is not responsible for the content and activities of these websites.
20.2. BePark recommends that its Users check the terms of use and privacy policy of these websites before using them.
21.1. From the User's registration with BePark and their acceptance of these General Terms and Conditions, an open-ended contract is concluded between BePark and the User.
21.2. The Occasional User may at any time cease using the Services by permanently uninstalling the Application and closing their User account. The User may cancel their booking free of charge up to 2 hours before the start of the booked period.
21.3. The Subscribed User commits for the duration of the period chosen at the time of subscription. The contract is tacitly renewed at the expiry of each period for an identical duration, unless otherwise provided in the accepted offer. The Subscribed User may terminate their subscription at any time via their customer account, with effect from the end of the current subscription period.
21.4. BePark may terminate the Services at any time, with immediate effect and without refund or compensation:
21.5. BePark reserves the right to put an end to the right of access to the personal accounts of registered Users due to non-use for a period of one year.
21.6. BePark may cease providing the Services at any time with immediate effect for operational, technical, legal or security reasons. To the extent that the User is not responsible for the interruption, BePark will refund or credit the corresponding amounts for the unconsumed portion.
21.8. For car parks with badge access, the termination takes effect upon receipt of the badge by BePark. The badge must be returned by registered post to BePark's address.
22.1. The User guarantees to provide accurate and complete personal data when placing an Order via the Website.
22.2. BePark undertakes not to communicate personal data to third parties. This data is confidential and is used exclusively for the processing of bookings, for communication purposes or in the context of personalisation of the website.
22.3. In the event of transfer or use of personal data by third parties, BePark undertakes to inform the User in advance so that they can exercise their right to object.
22.4. The User has the right of access, rectification and deletion of their personal data. They may exercise these rights by sending a written request to BePark with proof of identity.
22.5. The request for deletion of personal data cannot be applied as long as a current or future contract exists.
22.6. The Website uses cookies. The User retains the possibility of deactivating these cookies via the settings of their browser.
23.1. The fact that BePark does not avail itself of a failure or negligence on the part of the User may not be interpreted as a waiver of the right to subsequently rely on that failure.
23.2. The fact that BePark does not avail itself of a clause of these Terms and Conditions does not in any way constitute a waiver of the benefit of that clause.
24.1. Only Belgian law applies to the contractual relations between the User and BePark. In the event of disputes, only the French-speaking courts of the judicial district of Brussels have jurisdiction.
25.1. Only Users are authorised to occupy the parking spaces, subject to the conditions described below.
25.2. The car park is accessible in accordance with the hours indicated on the Website. BePark reserves the right to withdraw the availability of the car park on certain dates.
25.3. The User's vehicle must be parked in an authorised space intended for their type of vehicle.
25.4. No person or animal may be present in the vehicle while parked in the car park.
25.5. The owner of the car park is limited to providing parking spaces and consequently assumes no liability.
25.6. BePark and the owner are authorised to have the vehicles of Users without valid proof of purchase or who do not respect the established times evacuated from the car park.
25.7. For any technical problem with the barriers or in an emergency, the User contacts BePark's helpdesk at the number shown on the BePark signs in the car park.
25.8. Any violation of the internal regulations or the General Terms and Conditions leads as of right and without formal notice to exclusion from the Services. In the event of exclusion, the User may not claim any refund.
25.9. Vehicles running on LPG are prohibited in car parks made available via BePark.
25.10. Specific rules for bicycle parking:
25.11. BePark reserves the right to supplement the internal regulations at any time with additional or amending provisions. In that case, validation of the booking is only possible subject to prior acceptance of the additional or amending provisions.
The French text of these General Terms and Conditions constitutes the sole authentic text. In the event of discrepancies between the text drawn up in French and a translation into a foreign language, the text drawn up in French prevails.
