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General Terms and Conditions - BePark​

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Preamble

BePark, a Belgian public limited company registered in the Crossroads Bank for Enterprises under number 0839.421.964, with registered office at Rue du Mail 50, 1050 Brussels (Belgium) (hereinafter « BePark »), offers the User (as defined below) a service for the provision of parking spaces via its website www.bepark.eu, its customer service or any other means.

The use of these Services is governed by the present general terms and conditions (hereinafter « Terms and Conditions »).

The User declares to be aware of the necessity of having, at their own expense, an Internet access subscription and to have ensured that the configuration of their IT and mobile equipment is compatible with the use of the Services made available by BePark.

The User acknowledges having read the present Terms and Conditions and having accepted them without reservation before any use of BePark's Services


1. Definitions

1.1. « User »: any person using BePark's services, in particular having access to at least one parking space made available by BePark, regardless of the means by which they received such access ;

1.2. « Services »: all services proposed, offered or provided by BePark in the context of its commercial activity, notably the provision of parking spaces to the User via the means provided for this purpose by BePark, in particular the Application ;

1.3. « Application »: the « BePark » mobile application enabling in particular access 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 starts after the beginning of the month, and for the duration stated at subscription, which may be monthly, quarterly, half-yearly or annual. The Subscribed User may terminate their subscription by closing it in their customer account. Termination takes effect at the end of the current subscription period. Article VI.91, §2 of the Code of Economic Law states that: « Without prejudice to the Act 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, upon the expiry of a notice period determined in the

contract, provided that such period does not exceed two months » ;

1.6. « Occasional User »: User who uses the Services by booking on a daily basis. The booking is valid from midnight to 23:59 on the following day and may be expressly renewed for periods of one day at a time, without any maximum duration limit, but without commitment or tacit renewal beyond the reserved 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 plan reserved for Professional Users, at a price of €4.99 excl. VAT/month per parking space, giving access to a parking space under the conditions defined in the offer and the present Terms and Conditions. The modalities of this subscription plan are specified in the offer accepted by the User. One subscription allows the registration and use of a single licence plate for one parking space. Any additional plate registered under the same subscription is subject to the fees provided for in article 7.6.


2. Purpose

The present Terms and Conditions are intended to define the conditions and modalities under which BePark makes the Services available to the User.


3. Scope of application

3.1. The present Terms and Conditions apply to all Services made available to the User by BePark and for the duration of the User's subscription or reservation.

3.2. The present Terms and Conditions prevail over all general conditions, special conditions or any other document that the User may have sent to BePark.

3.3. The present Terms and Conditions exclusively govern the relations between BePark and any User. The User nevertheless remains 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 to have read the present Terms and Conditions and undertakes to comply with them.

3.5. BePark reserves the right to amend the present Terms and Conditions at any time. The amended Terms and Conditions will be published on the Website and notified to the User. Continued use of the Services after notification constitutes acceptance of the new Terms and Conditions.

3.6. The invalidity, lapse or unenforceability of any provision of the Terms and Conditions shall not affect the validity of the other provisions, which shall retain their full legal force. The entirely or partially invalid, lapsed or unenforceable provision shall remain in force to the maximum extent permitted by law, shall be deemed unwritten for the remainder and shall be replaced by a similar provision compliant with legislation.


4. Entry into force / Duration

4.1. The present Terms and Conditions enter into force on the date they are published online and shall be enforceable as of the date of the User's first use of the Services.

4.2. The present Terms and Conditions are enforceable throughout the entire period of use of the Application and the Services until new Terms and Conditions replace the present ones.

4.3. The User may at any time waive the use of the Application and the Services offered therein but remains subject to the Terms and Conditions until the end of their contract.


5. Legal capacity of the User

5.1. The User expressly declares to have the necessary power, authority and capacity to enter into and perform the obligations incumbent upon them in connection with 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 Application for age reasons, they must respect such age limits.

5.4. The User as a natural person declares that they are of legal age to enter into a binding contract. The User as a legal entity declares that their representative holds all powers to bind the legal entity.

5.5. Any person who is legally incapacitated within the meaning of articles 5.41 and following of the (Belgian) Civil Code may not in any way become a User.


6. Accessibility of the Application and the Services

6.1. The Application, the Website and the Services are normally accessible 24 hours a day, 7 days a week. BePark cannot however be held liable for interruptions in availability when these do not depend on its will.

6.2. BePark reserves the right, temporarily or permanently, in whole or in part, to modify, suspend or interrupt the Website, the Services or the Application without prior notice.

6.3. Any interruption or removal, total or partial, permanent or provisional, of the availability of one or more parking spaces will be preceded by a maximum 30-calendar-day notice for Users. However, if BePark is not itself informed in sufficient time, the notice may be reduced or not given.

6.4. In the event of an Application update, it is possible that the User may not be able to use the Application until they have installed the latest version.

6.5. The User acknowledges that the Application and the Website are provided via the Internet and mobile networks, and that the quality and availability of the Application and the Website may be affected by factors outside BePark's reasonable control. Accordingly, BePark is not responsible for any connectivity issues the User may encounter when using the Application or the Website. Furthermore, the User acknowledges and accepts that they are responsible for obtaining and maintaining their telecommunications services, computer hardware, equipment and services necessary to access and use the Application and the Website, as well as for paying all telecommunications charges that may be invoiced by their network provider in connection with their use of the Application and the Website.

6.6. When BePark ceases to provide the Services with immediate effect (by deactivating the possibilities of using the Application and the Services) pursuant to article 6, if the period during which the interruption of Services occurs has already been invoiced, insofar as the User is not responsible for the interruption of the Services and is unable to benefit from them, the overpaid amounts will be refunded and credited to the User. This provision does not apply in cases of force majeure.


7. Registration – Personal account – Conditions

7.1. The User who wishes to use the Services and/or the Application must create a personal account for this purpose via the Website.

7.2. At the time of registration on the Website, the User's name, first name, email address, vehicle registration plate or unique bicycle identification number and payment details will be required. The User undertakes to provide accurate, complete and up-to-date information. Failure to comply with this obligation will result in a penalty of 25 EUR being due as of right.

7.3. The User is responsible for the confidentiality of their identification data and must immediately inform BePark 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 EUR incl. VAT will be charged to the User's account. This deposit will be refunded provided the access device is returned in good condition. In addition, the User must pay a flat-rate amount of 50 EUR for administrative costs. In case of loss, theft or major damage to the access device, fixed charges of 150 EUR incl. VAT will be charged.

7.5. The User may register one or more registration plate numbers in their account. The number of permitted plates depends on the type of subscription taken out.

7.6. If a number of registration plates exceeding that for which the subscription was granted is registered, administrative fees of 25 EUR per additional vehicle per day will be charged to the User's account.

7.7. A BePark User may register up to 2 telephone numbers on their profile. For each additional number beyond two, the User must pay administrative fees of 15 EUR.


8. Use of the Application or the service

8.1. The User may only access the Services using access means provided for this purpose by BePark.

8.2. By using BePark's Services, the User undertakes to:

• not register under a false identity or impersonate another person ;
• provide BePark with proof of identity upon simple request ;
• not use the service or the Application with incompatible or prohibited equipment ;
• comply with all applicable legislation or regulations of the country or city where the car park used by the User is located.

8.3. The User undertakes to respect the Terms and Conditions as well as the internal regulations, safety rules and signage of the car parks made available to them.

8.4. Fraudulent use of the Website or use contrary to the Terms and Conditions may result in BePark refusing access to the Services at any time.


9. Access to parking spaces

9.1. Access to the car park depends on the car park and the access method chosen by BePark and offered by the car park owner:

• either by using the BePark mobile Application ;
• either by calling the BePark telephone centre via the telephone number indicated on the BePark sign placed in front of the barrier/shutter securing the car park ;
• either by obtaining a badge, access card, keys or other access devices provided by BePark (this access device is subject to a deposit).

9.2. In case of 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 permits.

9.3. In case of 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 in a car park without a valid purchase, their vehicle may be removed as described in the section « Retention, immobilisation, displacement and removal of vehicles ».

9.5. The height of vehicles must not exceed the height indicated at the entrance to the car park, as imposed by the actual situation or by the regulations specific to the car parks and, in all cases, this height may not exceed 4.80m. It is prohibited to enter the car park with trailers of any kind whatsoever, including caravans.

9.6. If specific conditions applicable to the car parks used apply, in addition to the present Terms and Conditions, they will be indicated 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 the present Terms and Conditions, any specific conditions applicable to the car parks or the internal regulations of the car park made available to them.


10. Use of the car park

10.1. The User may only access, park and leave the car park during the hours corresponding to their purchase.

10.2. The User may only park their vehicle in spaces reserved for BePark Users and corresponding to their type of vehicle.

10.3. In the event of non-compliance with the applicable rules for use of the Service, BePark may have the vehicle removed at the User's expense, risk and peril in accordance with the section "Retention, immobilisation, displacement and removal of vehicles". BePark will automatically and without prior notice debit the User's account for the vehicle evacuation costs, without prejudice to the exclusion from BePark's services as described in the section "Retention, immobilisation, displacement and removal of vehicles" and to the other avenues of recourse and remedies available to BePark.

10.4. The User and all persons accompanying them are required to respect the peaceful nature of the neighbourhood during their movements in and around the car park. Use of radios and other noise 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 work whatsoever, or to deposit or store anything other than a validly registered and insured vehicle, or an identified and secured bicycle that is regularly used. The parking space is not a long-term storage or warehousing area. Unused vehicles may be evacuated after warning as indicated in the section "Retention, immobilisation, displacement and removal of vehicles".

10.6. Vehicles parked in the car park must meet the same conditions as those required for vehicles parked on the public highway. The User declares in particular that the vehicle(s) (other than bicycles) they park using BePark's Services is/are covered by valid and paid-up Civil Liability insurance. The Highway Code and any other regulations relating to traffic on the public highway apply within the car park, unless otherwise provided. In all cases, the maximum permitted speed of vehicles 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; a bicycle subscription authorises the parking of one bicycle only). Vehicles remain under the sole responsibility of the User. Any object of any kind left in the vehicle, or any accessory attached to the vehicle, is under the sole responsibility of the User.

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 timetable by more than 30 minutes, administrative fees of €25 will be charged to the User's account.

10.10. If it is observed that a User parks more vehicles in the car park than they have subscriptions, administrative fees equal to €25 per additional vehicle per day (each started day being counted as a full day) will be charged to the User's account.

10.11. If it is observed that a Subscribed User uses their subscription for a number of licence plates exceeding that for which the subscription was granted, administrative fees equal to €25 per additional vehicle per day (each started day being counted as a full day) will be charged to the User's account.


11. Retention, immobilisation, displacement and removal of vehicles

11.1. In the event of an accident or involuntary immobilisation of a vehicle, the User shall immediately take the necessary measures to have the vehicle repaired so that it does not in any way obstruct the normal flow of traffic in the car park. The User shall inform BePark directly by email (info@bepark.eu) or 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 car park owner to move or have moved their vehicle, at their expense and risk, in the following cases:

• it is not parked in the designated spaces ;
• it is left in the car park outside accessibility hours without BePark's prior written agreement ;
• it constitutes a danger to persons and/or others' property ;
• it obstructs normal traffic flow ;
• it is unused (and a prior warning has been given) ;
• it occupies a space equipped with a charging point without being in the process of charging ;
• operational requirements or safety demand it.

In these cases, the moving costs owed by the User are fixed at a flat rate of 400 EUR incl. VAT.

11.3. When the User's vehicle remains in the car park beyond the contractually agreed period of use, and BePark is able to identify the User to whom the vehicle belongs, BePark may move the vehicle within the car park and place a wheel clamp or similar device, subject to fixed charges of €400 incl. VAT (or any amount provided for in the offer accepted by the User). 
The vehicle is only returned to the User after full payment of: 

• the moving and/or clamping fees; 
• parking fees for the entire corresponding duration at the applicable rate; 
• any other fees possibly owed under the present Terms and Conditions. 

Notwithstanding the foregoing, BePark reserves the right to contact the police for the removal of the vehicle and its impoundment if it is not collected by the User within a reasonable period, assessed according to the circumstances but not exceeding fifteen days from the date on which BePark sent a notification to the User inviting them to collect their vehicle. 

Notwithstanding the foregoing, BePark also reserves the right to contact an approved breakdown service for the removal and storage of the vehicle if it is not collected by the User within a reasonable period not exceeding fifteen days from BePark's notification. In the event of impoundment or storage with an approved breakdown service, all costs related thereto are borne by the User, and the following fees remain due to BePark: 

• moving and/or clamping fees; 
• parking fees for the entire corresponding duration at the applicable rate; 
• any other fees possibly owed under the present Terms and Conditions.

11.4. When the User's vehicle remains in the car park beyond the contractually agreed period of use, and BePark is unable to identify the User to whom the vehicle belongs (for example, if the licence plates have been removed or if the plates on the vehicle are unknown to BePark), BePark will make reasonable efforts to identify the owner of the vehicle. If the owner is identified, the measures referred to in article 11.3 shall apply. If the owner cannot be identified, BePark shall file a declaration with the competent municipality within 7 days of discovery. If the municipality identifies the owner, it shall invite them by registered mail to collect the vehicle within one month. BePark may retain the vehicle or hand it over to the municipality, which then assumes custody. After six months following the discovery, BePark or the municipality may dispose of the vehicle in an economically justified manner. In the event of a sale, the net proceeds are held at the disposal of the owner or their successors for the legally required period.

11.5. Bicycles and cargo bicycles not retrieved or claimed after a period of three months from their placement in the car park will be considered lost. BePark reserves the right to be unable to return the bicycle to its owner after this period.


12. Prices

12.1. Registration via the Website or Application with BePark is free. The price of each parking space made available is displayed on the Website or Application in euros inclusive of VAT and varies according to the car park and the duration of parking. The price of the BePark Pro subscription, reserved for professional Users with a VAT number, is set at 4.99 EUR excl. VAT per month.

12.2. BePark reserves the right to modify its prices at any time, at its sole discretion. Price changes cannot have retroactive effect. New prices will only apply to new bookings for Occasional Users, and to renewals of subscriptions for Subscribed Users after a minimum notice period of 15 calendar days.

12.3. In the event of non-compliance with the car park's opening hours, BePark reserves the right to apply a per-minute surcharge for each minute of overrun.

12.4. Unless otherwise specifically agreed at the time of booking, any cancellation or modification of a reservation is free of charge up to 24 hours before its start. Once the period of use has begun, it is due in full.

12.5. Each subscription taken out via the BePark marketplace is subject to a service fee. This service fee corresponds to 10% of the monthly subscription amount, with an absolute cap of €9.99 incl. VAT per month per subscription. The service fee is invoiced at the same time as the subscription and follows the same payment and renewal rules.

12.6. Any reservation made via the BePark marketplace is subject to a service fee. This fee corresponds to 15% of the total reservation amount, with an absolute cap of €9.99 incl. VAT per reservation. The service fee is due at the time of booking and is non-refundable, except as required by mandatory law or in the event of cancellation in accordance with article 12.4.


13. Charges

Mobile telephony charges are borne by the User and will be invoiced directly by their operator.


14. Payment

14.1. There are two payment methods for using BePark's paid Services:

• payment by credit card ;

• payment by direct debit. A non-refundable activation fee of 0.01 EUR will be debited to validate the accuracy of the banking information provided.

14.2. The provision of parking spaces by BePark to the User is subject to payment. The User chooses their payment method when registering on the BePark website.

14.3. The User acknowledges that BePark may debit the credit card account or bank account provided at registration for the Services requested, without additional authorisation.

14.4. The User is responsible for payment of their invoice by the due date indicated thereon and for the full amount owed. Payments made are non-refundable. Failure to pay an invoice by its due date renders immediately payable all amounts owed by the User to BePark.

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 declines all liability in the event of an error attributable to the payment system. In the context of the User's use of the Services, the User acknowledges and accepts that BePark will obtain certain transaction details, which it will use in accordance with the present Terms and Conditions and the applicable legal framework.

14.7. BePark guarantees the security of payments and complies with SSL standards to protect data effectively.

14.8. In the event of refusal of payment authorisation by card by officially accredited bodies, or in the event of non-payment, BePark reserves the right to take action to recover the amounts owed via payment reminders, temporary blocking of the User's access or referral of the file to an external debt collection agency.

14.9. In the event of non-payment within the set deadlines, interest calculated in accordance with the applicable rate for late payment in commercial transactions in force at the time of non-payment shall be due as of right and without prior notice, as well as a flat-rate indemnity of €40 for recovery costs, independent of the principal amount. In addition, a penalty clause corresponding to 10% of the unpaid amount will be applied as of right.

14.10. The User declares to have taken note that any invoice issued is due in full and that a termination of contract cannot under any circumstances have a retroactive effect on invoices already issued.


15. Indemnification

By accepting the present 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 officers, directors, other Users, employees, agents and representatives against claims, costs, damages, losses, liabilities and expenses (including court costs and lawyers' fees and charges) arising from or in connection with:

• any breach of the provisions of these terms and conditions or of any applicable legislation or regulations ;

• any breach of third-party rights attributable to the User ;

• any fraudulent use of the Application or the Service attributable to the User.


16. Liability

16.1. To the fullest extent permitted by law, BePark and the owner(s) of the car parks made available to Users shall in no event be liable to Users for any loss, injury or damage (including special, indirect, consequential or punitive damages, lost profits, lost revenues or other incidental damages) related to, arising from the use, inability to use or results of the use of the Application, the Website or the Services.

16.2. BePark will endeavour to maintain the Website, the Application and their contents 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, or that the Website and/or the Application are correct, up-to-date and accurate.

16.3. BePark shall not be liable for any damage arising from the use (or inability to use) of electronic means of communication with the Website or the Application, including damage arising from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and the transmission of viruses.

16.4. BePark and the owner(s) of the car parks made available to Users decline all liability, on any basis and for any reason whatsoever, for any damage of any kind, whether physical, material or immaterial, to persons or property (such as, in particular: accidents, thefts or damage, even partial) that may occur in connection with or as a result of the use of the car park. The User undertakes to immediately report any damage to BePark's customer service at: support@bepark.eu.

16.5. Furthermore, not having the status of depositary, BePark does not in any way assume an obligation of custody or surveillance of property belonging to the User and incurs no liability for any actions by third parties.

16.6. BePark only undertakes best-efforts obligations for all Services offered, proposed or provided. BePark's liability may not be engaged for all inconveniences or damage inherent in the use of the Internet network, including a service interruption, an external intrusion or the presence of computer viruses, or any event that may be qualified as force majeure.

16.7. In any event, BePark's liability under the present Terms and Conditions may not exceed an amount equal to the amounts paid or payable under the transaction giving rise to such liability, whatever the cause or form of the action concerned. The liability cap established by this provision applies to a single transaction, to the exclusion of any tacit or express renewal. Consequently, 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 reservation.

16.8. The User is solely responsible for any damage to their computer or any loss of data resulting from the downloading, browsing and use of the Website and/or the Application.

16.9. The waiver of damages and the limitation of liability above shall apply to the maximum extent permitted by applicable law. The laws of certain states may not permit the exclusion or limitation of certain damages and, to the extent that these laws are mandatorily applicable, the exclusions and limitations above that are incompatible with such laws may not apply to the User. In such cases, BePark's liability shall be limited to the fullest extent permitted by applicable law.

16.10. Notwithstanding any limitation of liability established by the Terms and Conditions, BePark is solely liable to the following extent: BePark is liable without limitation in accordance with applicable legal provisions for damages resulting from injury to the physical integrity, body or health of the User resulting from an act or omission of BePark; in the event of intentional misconduct by BePark; and in the event of gross negligence by BePark.

16.11. The User undertakes to use the Website, the Application and the Services only for private purposes and in a manner consistent with public order, good morals and the rights of third parties.

16.12. The User undertakes not to carry out any act likely – directly or indirectly – to undermine the integrity of the Website, the Application and/or the Services made available to them by BePark.


17. Licence grant by the User

17.1. The User expressly acknowledges, exclusively and free of charge, granting BePark the right to exploit any content published by the User via the Application and/or the Website on the internet, on social networks or by any other means and on any medium, for commercial or advertising purposes, without any territorial restriction.

17.2. BePark has no obligation however to use and/or exploit the content published by the User via the Application and/or the Website.

17.3. The User acknowledges that BePark acts as a mere intermediary for the distribution of User content and is not responsible to anyone for the content or accuracy of User content.

17.4. The User declares and warrants that the User content they post or transmit originates from them, does not plagiarise third-party creations, does not constitute an infringement of third-party intellectual property rights, the right to privacy or personality rights, and does not contain defamatory or derogatory statements.

17.5. The User accepts and undertakes to permanently indemnify BePark, its subsidiaries and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by BePark or its affiliated companies as a result of User content posted or transmitted by them, or arising from their use of the Website, the Services or the Application.

17.6. BePark reserves the right to block or delete, in whole or in part, User content posted or transmitted, if BePark considers that it does not comply with the present Terms and Conditions or that it is unacceptable for any other reason.

17.7. The User agrees to notify BePark in writing as soon as possible if any User content infringes the present Terms and Conditions. The User agrees to provide BePark with sufficient information to enable it to verify whether such User content infringes the present Terms and Conditions. However, BePark does not guarantee or represent that it will block or delete (in whole or in part) the User content in question.


18. Licence grant for the Application

18.1. If the User complies with the present Terms and Conditions, BePark grants them a limited, non-exclusive and non-transferable licence allowing them to download and install a copy of the Application on a mobile phone they own or control, and to use that copy of the Application for personal use only.

18.2. The User may not: 

• grant licences or sub-licences, sell, resell, transfer, assign, distribute or commercially exploit or otherwise make available to third parties the Service or the Application in any way; 
• modify the Service or the Application or create derivative works thereof; 
• create electronic links to the Services or frame or mirror any application on any other server or wireless or Internet-based device; 
• reverse engineer or access the Application in order to: 
​ ​- design or build a competing product or service; 
​ ​- design or build a product using ideas, features, functions or images similar to those of the Service or the Application; 
​ ​- copy ideas, features, functions or images of the Service or the Application; 
• launch an automated program or script, including robots, spiders, web crawlers, web browsers, web indexers, zombies, viruses or worms, or any program likely to send multiple requests per second to a server or to unreasonably hinder or impair the operation and/or performance of the Service or the Application.

18.3. The User may not: 

• send or store unsolicited or repetitive messages, in violation of applicable legislation; 
• send or store infringing, obscene, threatening, defamatory or otherwise illegal or tortious content, including content harmful to children or violating third parties' right to privacy; 
• send or store content containing viruses, worms, Trojan horses or other harmful computer codes, files, scripts, agents or programs; 
• interfere with or disrupt the integrity or proper functioning of the Website, the Application or the Service or the data they contain; 
• attempt to gain fraudulent access to the Website, the Application or the Service or the systems or networks supporting them.

18.4. BePark shall have the right to investigate the violations referred to above, to the fullest extent permitted by law, and to initiate legal proceedings. BePark may call upon and cooperate with law enforcement authorities to pursue Users who violate the present Terms and Conditions.

18.5. The User acknowledges that BePark is not obliged to monitor their access to the Website, the Services, the Application or collective content, or the use made thereof, or to verify or edit collective content. The User acknowledges however that BePark has the right to monitor their access as part of the operation of the Website, the Application and the Service, to ensure compliance with the present Terms and Conditions or to comply with applicable legislation or an order or request from a court, administrative body or other official body. BePark reserves the right to cancel or deactivate, at any time and without prior notice, access to any collective content if it considers that it infringes the present Terms and Conditions or otherwise harms the Website, the Service or the Application.


19. Intellectual property rights

19.1. The Application and the Website contain texts, images (still or animated) and sounds that are the exclusive property of BePark. These elements are protected by copyright and intellectual property rights worldwide (hereinafter « Intellectual Property Elements »).

19.2. The name, logo and product names of BePark associated with the Application and the Service 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, for the sole use of the Services and within the framework of normal use of their functionalities. This authorisation to use the Intellectual Property Elements is personal, non-exclusive and non-transferable. BePark may revoke this authorisation to use the Intellectual Property Elements at any time.

19.4. Any copying or counterfeiting of the concept or format of the Website and/or the Application by any means and on any medium is strictly prohibited.

19.5. Any exploitation in any form whatsoever must be subject to 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 of its intellectual property rights by all legal means.

19.7. Any infringement may result in civil and/or criminal proceedings.


20. Interactions with third parties

20.1. When using the Website, the Application and the Services, links to websites owned and controlled by third parties may be provided. These links take the User out of the Website, the Application and the Services and are not controlled by BePark. BePark is not responsible for the contents and activities of these websites.

20.2. These other websites may send their own cookies to Users, collect data or request personal information. BePark advises its Users to check the terms of use and privacy policy of these websites before using them.


21. Duration and termination of the contract

21.1. Upon the User's registration with BePark and their acceptance of the present Terms and Conditions, an open-ended contract is formed between BePark and the User by which the latter may use BePark's Services.

21.2. The Occasional User may cease using BePark's Services at any time by permanently deleting the Application installed on their smartphone and closing their User account following the instructions on the Website, all as yet uninvoiced consumptions remaining due. The User will have the option to cancel their reservation free of charge up to 24 hours before the start of the reservation period.

21.3. The Subscribed User commits for the duration of the period chosen at the time of subscription (monthly, quarterly or annual). The contract is entered into for this fixed duration and is tacitly renewed upon the expiry of each period for an identical duration, unless otherwise provided in the offer accepted by the User.

The Subscribed User may terminate their subscription at any time by closing it via their customer account. This termination prevents tacit renewal and takes effect at the end of the current subscription period. Any period started is due in full.

Equally, BePark may terminate the User's subscription at any time, such termination taking effect in principle at the end of the current subscription period.

However, in the event of loss of management or availability of the car park that is the subject of the subscription — notably in the event of termination of the contract binding BePark to the Partner who is the owner or manager of the car park —, BePark may terminate the User's subscription with effect at the end of the current monthly billing period. In that case, the User is released from any commitment for the subsequent periods and will not be billed beyond that date.

The commitment durations and any associated discounts are determined in the offer chosen by the User. The present Terms and Conditions impose no minimum commitment duration other than that specified in the subscribed offer.

21.4. BePark may cease providing the Services at any time, with immediate effect (by deactivating the possibilities of using the Application and the Services) and without refund or compensation:

• if the User breaches the present Terms and Conditions ;
• if BePark considers that the User is engaging in suspicious or illegal conduct, including fraud.

21.5. BePark reserves the right to terminate all or part of the right of access to the personal accounts of registered Users or even to delete their account, due to the absence of use and activation of the account for a period of one year.

21.6. BePark may terminate the provision of the Services at any time, with immediate effect, including by deactivating access to the Application or the Services, when it deems it necessary for operational, technical, legal or security reasons. Such termination may occur even if the current period of use has already been invoiced. Insofar as the User is not responsible for the interruption and has not been able to benefit from the Services during the invoiced period, BePark will refund or credit the corresponding amounts for the unconsumed portion of the Services.

21.7. In the cases referred to above, BePark may proceed with any restriction and/or deletion of the User's account without prior warning and BePark shall not be held liable for the loss of data resulting from the deletion of the registered User's personal account.

21.8. For badge-access car parks, the termination of the User's subscription takes effect upon receipt of the badge by BePark. The badge must be returned to BePark's address by registered mail with acknowledgement of receipt. BePark's Customer Support, upon receipt of the badge, will terminate the subscription (on the last day of the current month) and will inform the User by email.


22. Privacy and personal data protection

22.1. The User guarantees to provide correct and complete personal data when placing an Order via the Website or when registering for other services offered on the Website.

22.2. BePark undertakes not to disclose personal data to third parties. These are confidential and will only be used by its internal services for the processing of reservations, for communication purposes or in the context of the 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 may exercise their right of objection.

22.4. The User has the right to access, rectify and delete their personal data by sending a written request to BePark accompanied by proof of identity.

22.5. The request for deletion of personal data cannot be applied while a contract is ongoing or forthcoming.

22.6. The Website uses cookies. The user retains the option to deactivate these cookies from their browser settings.

22.7. Certain web pages of the website may sometimes contain electronic images or "web beacons", which allow the number of visitors to the page to be counted. These web beacons may be used by some of BePark's partners, in particular to measure and improve the effectiveness of certain actions. The information obtained via these beacons simply allows statistics to be gathered on the frequency of visits to certain pages of the Website, in order to better serve Members.


23. Non-waiver

23.1. The fact that BePark does not avail itself of a failure or breach by the User of any of their contractual or legal obligations shall not be construed as a waiver of the right to avail itself of that failure or breach.

23.2. The fact that BePark does not avail itself of a clause of the present Terms shall not constitute a waiver of the benefit of that clause.


24. Applicable law and dispute resolution

24.1. Only Belgian law applies to the contractual relations between the User and BePark. In case of disputes, only the French-speaking courts of the judicial district of Brussels shall have jurisdiction.


25. Internal regulations of BePark car parks

25.1. Only Users are authorised to remain in the parking spaces, in compliance with the conditions defined below.

25.2. The car park is accessible according to the hours indicated on the Website. BePark reserves the right to withdraw the availability of the car park on certain dates, in which case BePark will inform the Users concerned in advance.

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 during the parking of vehicles in the car park.

25.5. The car park owner limits themselves to making parking spaces available to Users and therefore assumes no liability of any kind whatsoever. Furthermore, BePark and the owner decline all liability for any damage of any kind whatsoever that may occur in connection with or as a result of the use of the car park.

25.6. BePark and the owner are authorised to have the vehicles of Users without valid title, who do not comply with the defined time slots or who park in obstructive locations, evacuated from the car park.

25.7. For any technical problem with the barriers or in case of emergency, the User will contact BePark's helpdesk at the number indicated on the BePark signs inside the car park.

25.8. Any violation of BePark's internal regulations or Terms and Conditions by the User will result in their exclusion from the Services as of right and without prior notice. In the event of exclusion, the User may not claim any reimbursement of their purchases made or current subscriptions.

25.9. LPG-powered vehicles are prohibited in the car parks made available via BePark.

25.10. Specific rules for bicycle parking. 

• Only Users with a valid BePark bicycle subscription may park their bicycle on the racks provided for this purpose in the car parks. 
• One bicycle parking subscription entitles the subscriber to park one bicycle only (standard bicycle or cargo bicycle depending on the subscription type). 
• The bicycle for which the subscription is taken out in a BePark car park must bear a unique number obtainable from the mybike.brussels website or another system approved by BePark. This ​number must be communicated to BePark at registration and affixed to the bicycle frame at the prescribed location (using the sticker provided for this purpose). 
• Parking of bicycles on the racks is as follows: 
​ ​- one rack accommodates 2 bicycles, one on each side; 
​ ​- the bicycle must be properly secured to the rack using a padlock; 
​ ​- parking of the bicycle with its accessories must not obstruct the parking of other vehicles or the passage. 

In the event of non-compliance with the above articles, the bicycle concerned may be removed from the car park at the owner's expense. Bicycles and cargo bicycles not retrieved or claimed after a period of 30 days from removal from the car park will be considered abandoned by their owner. BePark reserves the right to be unable to return the bicycle to its owner after this period.

25.11. BePark reserves the right to supplement the internal regulations with additional or amending provisions at any time when the User makes a reservation. In that case, validation of the reservation by the User will only be possible subject to prior acceptance of the additional or amending provisions.


26. Final provision

The French text of the present Terms and Conditions constitutes the sole authentic text. If discrepancies appear between the French text and a translation into a foreign language, the French text shall prevail.