GENERAL TERMS AND CONDITIONS - Valet Parking

Article 1 - Definitions.

In these general terms and conditions, the following definitions shall apply:

AmstelPark B.V.: the private company with limited liability

Customer: the natural or legal person or partnership that wishes to use the services of AmstelPark B.V. and hereby enters into a contract with AmstelPark B.V.

Agreement: the established agreement between the customer and AmstelPark B.V.

Service: the execution of the contract with AmstelPark B.V., namely the provision of (valet) parking services

Website: the websites of AmstelPark B.V.: cruiseparkeren.nl and www.bijschipholparkeren.nl, as well as through a website of resellers of AmstelPark B.V.

Vehicle: the motor vehicle that customer gives in custody to AmstelPark B.V.c.q. parks / lets park on a property owned by AmstelPark B.V.

Article 2 - Scope.

These general conditions are applicable to all offers, quotations and contracts of AmstelPark B.V. and the customer, whereby the applicability of any general conditions used by the customer is explicitly excluded

Deviation of these terms and conditions is only possible if agreed in writing between the parties in the contract. These terms and conditions shall also be applicable to all contracts with AmstelPark B.V.where for the execution by AmstelPark B.V.third parties are engaged

The invalidity and/or voidability of one or more provisions contained in these general terms and conditions shall not affect the validity of the other provisions of these general terms and conditions which are not invalid or void. The parties will then consult to agree on new provisions to replace the void or voidable provisions, whereby, if and to the extent possible, the purpose and purport of the original provision will be observed.

Article 3 - The formation of the agreement

Contracts are established at the moment the customer accepts the offer of AmstelPark B.V. by registering on the website, or at the moment the customer agrees to the order confirmation sent by AmstelPark B.V., except for the situation that as a result of disturbing circumstances the customer has not been able to agree to the order confirmation and/or AmstelPark B.V. has actually executed the contract and this is or should have been known to the customer.

Any offer to the customer made by AmstelPark B.V. in any form is in any respect always without obligation and may be revoked by AmstelPark B.V. within five working days after acceptance by the customer. Verbal offers made by AmstelPark B.V. are not binding, unless confirmed by AmstelPark B.V. in writing.

No rights can be derived from possible typing and/or printing errors in offers on behalf of AmstelPark B.V. by the customer and/or third parties.

Article 4 - Booking website

If the customer accepts the offer of AmstelPark B.V. by booking on the website, at that moment a contract is established, unless AmstelPark B.V. does not accept the customer's booking, communicating this to the customer, without AmstelPark B.V. being obliged to communicate reasons to the customer.

Bookings through the website can be made up to 1 hour before the service to be performed. Bookings within 1 hour before the service to be performed can only be made by phone, after which the customer will receive a confirmation email which he/she must agree to.

Registration on the website is only possible, after the customer has indicated to have received these general terms and conditions and agree to the contents.

Customer is obliged to fill in his/her data requested for booking completely truthfully. Customer is over 18 years of age.

After booking the customer will receive a confirmation email from AmstelPark B.V.. If the details are incorrect and/or incomplete in the confirmation email the customer must report this in writing in the period up to 24 hours before the performance of the service.

By registering on the website the customer agrees that his/her (personal/address) data will be stored by AmstelPark B.V. and that the data may be used for sending offers and news of AmstelPark B.V.. The customer can unsubscribe by sending an email to info@cruiseparkeren.nl.

Article 5 - Execution of agreement

AmstelPark B.V. shall endeavour to perform the contract to the best of its knowledge and ability, in accordance with what may be expected within the framework of the task assigned to AmstelPark B.V. and shall exercise all due care in the performance of the service. The commitment on the part of AmstelPark B.V. is a best effort commitment, not a result commitment.

AmstelPark B.V. and customer must inform each other at all times of circumstances and developments, of which the other must be aware with a view to the proper execution of the agreement. Customer is responsible for the soundness and completeness of the data made available to AmstelPark B.V. by him/her or on his/her request by a third party.

Customer shall always give AmstelPark B.V.the opportunity to properly execute the service, including the supply of information requested and/or relevant by AmstelPark B.V..

AmstelPark B.V. is entitled to have certain activities performed by third parties without the consent of the customer. Customer is not entitled to have work performed by himself or by third parties, which belong or could belong to the assignment to AmstelPark B.V..

Article 6 - Parking, returning and collecting the vehicle

At the moment of entering into the contract the customer is obliged to communicate the hand-in and pick-up time of the vehicle to AmstelPark B.V.. Changing these dates and times is possible up to 24 hours before execution of the service. In case of unforeseen circumstances, such as change of flight times, the customer is obliged to inform AmstelPark B.V. of these circumstances as soon as possible in writing, by e-mail to info@cruiseparkeren.nl or by telephone.

Customer shall be required to notify AmstelPark B.V.by telephone at the telephone number provided by AmstelPark B.V.that AmstelPark B.V.is to take possession of the vehicle at the desired time.

AmstelPark B.V.shall then make every effort to collect the vehicle at the desired time. However, AmstelPark B.V.shall be permitted to exceed this time by a maximum of 30 minutes. This shall not apply in case of force majeure or unforeseen circumstances, such as delay in flight times and/or (start) defects to the vehicle and/or traffic technical circumstances whether or not the result of government measures.

AmstelPark B.V. will take a vehicle into custody if payment in accordance with the reservation has taken place. If payment has not yet taken place the customer must still fulfil this obligation by means of pin payment or cash payment during return of the vehicle. If no payment has been made AmstelPark B.V. will not take the vehicle into custody.

All AmstelPark B.V. employees have an AmstelPark B.V. pass. Customer is responsible for checking this pass and turning in the vehicle to AmstelPark B.V. employees.

Customer must immediately inspect the vehicle at the time he/she returns it for any possible damage or changes compared to the time the vehicle was returned. If there is any damage to the vehicle the customer must note this (or have it noted) on the receipt form to be signed by him/her, failing which customer shall lose his/her rights to complain and/or claims on account of possible damage towards AmstelPark B.V.. Due to the circumstances at the departure passage and the work that the AmstelPark B.V.employees already have to perform, it is not possible to perform a detailed damage intake. Customer must therefore make his own images of the vehicle at the handover and provide these when reporting a possible damage as proof that the reported damage was not present when the vehicle was returned. Images not taken at the airport will not be accepted as evidence. Please note that AmstelPark B.V. is only liable for damage to vehicles in accordance with the provisions of article 10 of these terms and conditions.

Customer must be able to show his part of the contract and proof of identity to the employee of AmstelPark B.V. when taking delivery of the vehicle. AmstelPark B.V. is entitled to make a photocopy of this proof of identity. If the customer cannot show proof of identity, AmstelPark B.V.is entitled not to return the vehicle to the customer until the customer can identify himself.

The customer is entirely responsible for any parking fine due to exceeding the indicated parking time and/or return time by more than 30 minutes. AmstelPark B.V.therefore accepts no responsibility and is not liable for any compensation.

Article 7 - (Other) obligations of customer

Customer is obliged to insure the vehicle hull/all-risk and keep it insured during the agreement, unless Customer can prove that the vehicle is not hull/all-risk insurable.

Customer is bound:

ensure that all equipment (electronics) in the vehicle is switched off at the time he/she returns the vehicle to AmstelPark B.V. If the customer's vehicle does not function / does not start during the period of custody this shall be entirely at the customer's expense and risk.

check the identity of the AmstelPark B.V. employee by showing his/her driver's pass when returning the vehicle. If the customer hands over the vehicle to a person who has not shown a driver's badge, this shall be for the risk and account of the customer.

not to leave valuables in the car

Article 8A - Complaints

Complaints about the performance of the service shall be reported by the customer on the receipt form to be signed by him/her upon return of the vehicle, in the absence of which the customer shall process his/her rights to complain and/or make claims regarding possible complaints against AmstelPark B.V..

AmstelPark B.V. will respond to the complaint in writing within 14 days after signing the receipt form by sending a response to the email address provided by the customer.

If complaints are well-founded, in AmstelPark B.V.'s opinion, AmstelPark B.V. shall offer the customer such compensation as AmstelPark B.V. deems reasonable, which compensation shall never exceed the amount that the customer has paid AmstelPark B.V. for the performance of the service.Article 8B - Complaints Procedure1. In this Complaint Procedure the following definitions shall apply:

a Complainant

The natural or legal person filing a complaint. Complainant may be:

- the customer

- A representative on behalf of the client

- relative(s) of a deceased customer

b Complaint

a complaint can be:

- an expression of dissatisfaction with service delivery

- a liability claim regarding damages suffered

c Dispute a complaint, which after treatment in accordance with these regulations, is not resolved to the satisfaction of the complainant and the customer does not resign therein.

d Judgment a written response containing an opinion or communication regarding a complaint from on behalf of the parking provider. Such judgment may be preliminary or final in nature.

  1. Objectives of the Grievance Procedure

The purpose of the Grievance Procedure is to:

Provide an effective and approachable reception and handling of dissatisfaction and complaints, aimed at resolving the complaint;

improving, if necessary, the quality of the company's services;

  1. Submission of expression of dissatisfaction and/or a complaint

The complainant first turns to the service provider (legal entity) in the case of complaints

The complainant or the complainant's representative shall submit the complaint in writing / by email directly to the company.

The company will contact the complainant within two weeks of receiving the complaint. If the contact does not lead to a satisfactory resolution of the complaint, the complainant or the complainant's representative will be advised of the possibility of referring it to the foundation's disputes committee.

The company and the complainant or the complainant's representative try to reach a satisfactory solution by mutual agreement.

  1. Admissibility

The complainant's complaint will be declared inadmissible if:

a complaint does not relate to a service provided

a complaint is filed by a person other than the circle of persons who may file a complaint under Article 1 of the Grievance Procedure.

If the complaint concerns others than the company.

  1. Complaint handling

Upon receipt of the written complaint, the company will contact the complainant to determine, in consultation with the complainant, how best to handle the complaint.

In handling the complaint, the company's handler will apply adversarial procedures

The complainant will be kept informed in writing by the complaints officer of the progress of the complaint's handling.

If the handler deems it necessary to reach a resolution of the complaint, an external party, such as an expert, claims adjuster may be called in.

Upon completion of the complaint handling process, the complainant will receive a letter and or email from the company stating the reasons for the outcome of the investigation of the complaint, what decisions have been made about and as a result of the complaint and within what timeframe measures decided upon will be realized.

  1. Terms

A complaint must be filed within two weeks after the complainant is aware or could reasonably have been aware that the company's services could give rise to a complaint as referred to in the Complaints Procedure.

If it is a material damage (to or in the vehicle), then the complainant should disclose this to the company without delay. In order to establish culpability to the company 1).

If the deadline has passed, the complaint will still be considered, however, the complainant will be asked to explain in writing why the complaint is not submitted without delay (material damage) or only after two weeks (service).

The company will have completed complaint handling within eight weeks.

If it proves impossible to reach a resolution of the complaint within the time limits specified in this article, the time limit may be extended by the company for as much longer as necessary provided that the complainant has agreed to the extension in writing.

Reporting the property damage without delay is important to establish causation. After all, the damage may have occurred after the parking operator's custody.

  1. Disputes Committee Parking Quality Assurance Foundation

If the complainant does not agree with the outcome of the complaint handling and is of the opinion that the complaint has not been resolved, there is a dispute. The dispute can be submitted in writing to the Parking Quality Assurance Foundation.

  1. Information

The company shall ensure that the regulations are made known to the general public, and customers in particular, including by posting on its own website, providing leaflets and verbally pointing out the existence of the Complaints Procedure in the event of a complaint.

  1. Cost

The complainant is not liable for any fees for complaint handling as set forth in this Grievance Procedure.

If the complainant engages (legal) assistance in the handling of the complaint, the costs thereof shall be at the complainant's own expense.

  1. Secrecy

The persons involved in complaint handling are obliged to maintain confidentiality with regard to (personal) data obtained, the confidential nature of which is known or must reasonably be considered to be known. This means that these data may not be provided to third parties.

An exception to the obligation of confidentiality (as referred to in this article paragraph 1) is permitted if a statutory regulation, a court ruling that has become final or ex officio obligations require disclosure.

  1. Processing personal data

The company s responsible for recording the data.

The company qualifies as a responsible party within the meaning of the Personal Data Protection Act and will ensure careful handling of personal data obtained.

The personal data referred to in this article will be kept for a maximum of 2 years, after the treatment of the complaint is completed, unless there are compelling reasons to keep them longer.

  1. Entry into force

The Grievance Procedure was adopted on 01-01-2020 and will take effect as of the aforementioned date.

Article 9 - Price and payment

The prices and/or rates used by AmstelPark B.V. for the service are listed on the website or in the confirmation email sent by AmstelPark B.V. to the customer, if the customer does not book via the website.

Payment must be made in Euro during the booking via the website, or within 3 calendar days after receipt of the confirmation email to a bank account number designated by AmstelPark B.V.. Bookings within 24 hours prior to service performance will only be processed if payment is made within 2 hours of receipt of the confirmation email from AmstelPark B.V.to the customer.

Objections to the height of the invoice do not suspend a payment obligation. Customer is not entitled to set off amounts owed by him/her to AmstelPark B.V. against (possible) claims of the customer on AmstelPark B.V..

If invoices are not paid within the specified period, the customer is liable for statutory interest under the law.

In case of liquidation, bankruptcy, attachment or suspension of payment of the customer or if the customer otherwise loses free management or free disposition of his assets, the claims of AmstelPark B.V. on the customer shall be immediately due and payable.

If AmstelPark B.V. is forced by non-payment of the customer to take measures to obtain payment, the related extrajudicial costs shall be for the account of the customer. The extrajudicial costs shall be determined on the basis of BIK-staff.

Payment of a given sum of money shall serve first to pay expenses, then to pay interest already accrued, and finally to pay the principal sum and accrued interest, regardless of whether other instructions are given by the customer at the time of payment.

If the customer returns later than planned or the term of the contract is extended, the customer must notify AmstelPark B.V. by e-mail, by text message or by telephone. An additional € 12,50 per day will be charged to the customer by AmstelPark B.V.. Earlier return than planned or a shortening of the term of the contract does not entitle the customer to a refund of an amount already paid and/or a discount on an amount still to be paid by the customer.

Article 10 - Liability

AmstelPark B.V. shall never be liable for damage suffered by the customer if the customer has not reported this damage in a timely manner in accordance with the provisions of article 6 of these general terms and conditions.

AmstelPark B.V. shall never be liable for damage suffered by the customer, if such damage is compensated by the customer's insurer.

AmstelPark B.V. shall never be liable for damage that the customer suffers or will suffer as a result of fire (foundation), (burglary) damage to the vehicle or theft or misappropriation of the vehicle that the customer has placed in custody, unless the customer proves that the damage occurred during the period that the vehicle was placed in custody, AmstelPark B.V. has not observed the care of a good custodian and the damage suffered by the customer is the result of this.

AmstelPark B.V. is never liable for damage suffered by third parties as a result of the execution of the contract, unless there is intent or deliberate recklessness on the part of AmstelPark B.V.. AmstelPark B.V. is not liable for car glass damage.

Direct damages shall mean only:

the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;

the reasonable costs incurred to prevent or limit damage, to the extent that the customer demonstrates that these costs led to limitation of direct damage as referred to in these general terms and conditions.

  1. AmstelPark B.V. shall never be liable for indirect damage.
  2. AmstelPark B.V. shall never be liable for damage caused by incompleteness of or inadequacy in the information provided by or on behalf of the customer.
  3. When it appears that the damage claimed by the customer was already present on the vehicle at the time it was handed in to AmstelPark B.V., handling costs in the amount of Euro 78,68 (excl. VAT) will be charged in accordance with covenant regulation administration costs (article 10 of the covenant).

Article 11 - Force majeure

The parties are not obliged to fulfill any obligation under the agreement if they are prevented from doing so as a result of a circumstance that is not due to fault and is not for their account by virtue of the law, a legal act or generally accepted practice.

Force Majeure on the part of AmstelPark B.V. is understood in these terms and conditions, in addition to what is understood in law and jurisprudence, to include all external causes over which AmstelPark B.V. has no influence, but through which AmstelPark B.V. is unable to fulfil its obligations. Labour strikes by (sub)contractors or personnel of AmstelPark B.V. are included.

As soon as it is permanently impossible for AmstelPark B.V. to fulfill its obligations due to the existence of the force majeure situation, each party shall have the right to dissolve the contract for the part not yet fulfilled, without the other party being liable for compensation.

Insofar AmstelPark B.V. has already performed the service at the time of the start of force majeure, but has to discontinue its activities earlier than the agreed period due to force majeure, AmstelPark B.V. shall be entitled to invoice the customer separately for the part already performed or to be performed. Customer is obliged to pay this invoice as if it were a separate agreement.

Article 12 - End of the agreement / cancellation

Customer is entitled to terminate (cancel) the agreement free of charge up to 24 hours before the service is to be performed.

If customer cancels (cancels) in the period from 24 hours to the performance of the service, or customer does not appear at the agreed time (no show), he/she will owe the full agreed fee.

AmstelPark B.V. may terminate the agreement with the customer with immediate effect, without prejudice to AmstelPark B.V.'s other rights under statutory provisions, if:

customer has not paid the agreed fee at least 1 hour before the performance of the service;

customer fails in the fulfilment of other obligations arising from the contract, after AmstelPark B.V. has given him/her notice of default and also after expiry of a reasonable (repair) period. For the purpose of this paragraph a notice of default is any communication that unambiguously shows that AmstelPark B.V. requires performance;

after the conclusion of the agreement AmstelPark B.V. becomes aware of circumstances that give reason to believe that the customer will not fulfil his obligations;

customer is declared bankrupt, is granted suspension of payments, whether provisional or not, loses free management or free disposal of his/her assets due to seizure, receivership or otherwise, all this irrespective of whether the relevant court order has become irrevocable or customer has offered a settlement outside bankruptcy or creditors;

customer dies

Article 13 - Intellectual property rights

AmstelPark B.V. is owner of all intellectual property rights on its word and image trademarks, trade names and domain names, as they are (also) mentioned on its website (www.cruiseparkeren.nl). Customer is not entitled to use, copy, reproduce and/or make public these matters unless AmstelPark B.V.gives its prior written consent.

Article 14 - Indemnification

Customer indemnifies AmstelPark B.V.for possible claims of third parties, who suffer damage in connection with the execution of the contract and of which the cause is attributable to others than AmstelPark B.V..

In case AmstelPark B.V. may be held liable by third parties for this reason the customer is obliged to assist AmstelPark B.V., both extrajudicially and judicially, and immediately do all that may be expected of him/her in that case. Should the customer be in default in taking adequate measures, AmstelPark B.V. is entitled to do so without notice of default. All resulting costs and damages on the part of the customer and third parties shall be for the account and risk of the customer.

Article 15 - Applicable law and dispute resolution

All contracts concluded between AmstelPark B.V. and the customer shall be governed exclusively by Dutch law.

All disputes arising from contracts AmstelPark B.V. concludes with the customer or from other contracts for the execution thereof, shall be heard by the competent court of the District Court of Amsterdam to the exclusion of any other judge.

Apart from the provisions of article 15 paragraph 2 of these general terms and conditions, AmstelPark B.V.reserves the right to sue the customer before the competent court of the customer's place of residence or business.

GENERAL TERMS AND CONDITIONS - Shuttle Service

Article 1 - Definitions.

In these general terms and conditions, the following definitions shall apply:

AmstelPark B.V.: the private company with limited liability

Customer: the natural person, legal person or partnership that wishes to use the services of AmstelPark B.V. and hereby enters into a contract with AmstelPark B.V.

Agreement: the established agreement between the customer and

AmstelPark B.V.

Service: the execution of the agreement with AmstelPark B.V., namely the provision of (shuttle) parking services

Website: the websites of AmstelPark B.V.: cruiseparkeren.nl and www.bijschipholparkeren.nl, as well as through a website of resellers of AmstelPark B.V.

Vehicle: the motor vehicle that customer gives in custody to AmstelPark B.V. or parks on a property owned by AmstelPark B.V.

Article 2 - Scope.

These general conditions are applicable to all offers, quotations and contracts of AmstelPark B.V. and the customer, whereby the applicability of any general conditions used by the customer is explicitly excluded

Deviation of these terms and conditions is only possible if agreed in writing between the parties in the contract. These terms and conditions shall also be applicable to all contracts with AmstelPark B.V.where for the execution by AmstelPark B.V.third parties are engaged

The invalidity and/or voidability of one or more provisions contained in these general terms and conditions shall not affect the validity of the other provisions of these general terms and conditions which are not invalid or void. The parties will then consult to agree on new provisions to replace the void or voidable provisions, whereby, if and to the extent possible, the purpose and purport of the original provision will be observed.

Article 3 - The formation of the agreement

Contracts are established at the moment the customer accepts the offer of AmstelPark B.V. by registering on the website, or at the moment the customer agrees to the order confirmation sent by AmstelPark B.V., except for the situation that as a result of disturbing circumstances the customer has not been able to agree to the order confirmation and/or AmstelPark B.V. has actually executed the contract and this is or should have been known to the customer.

Any offer to the customer made by AmstelPark B.V. in any form is in any respect always without obligation and may be revoked by AmstelPark B.V. within five working days after acceptance by the customer. Verbal offers made by AmstelPark B.V. are not binding, unless confirmed by AmstelPark B.V. in writing.

No rights can be derived from possible typing and/or printing errors in offers on behalf of AmstelPark B.V. by the customer and/or third parties.

Article 4 - Booking website

If the customer accepts the offer of AmstelPark B.V. by booking on the website, at that moment a contract is established, unless AmstelPark B.V. does not accept the customer's booking, communicating this to the customer, without AmstelPark B.V. being obliged to communicate reasons to the customer.

Bookings through the website can be made up to 1 hour before the service to be performed. Bookings within 1 hour before the service to be performed can only be made by phone, after which the client will receive a confirmation email which he/she must agree to.

Registration on the website is only possible, after the customer has indicated to have received these general terms and conditions and agree to the contents.

Customer is obliged to fill in his/her data requested for booking completely truthfully. Customer is over 18 years of age.

After booking the customer will receive a confirmation email from AmstelPark B.V.. If the details are incorrect and/or incomplete in the confirmation email the customer must report this in writing in the period up to 24 hours before the performance of the service.

By registering on the website the customer agrees that his/her (personal/address) data will be stored by AmstelPark B.V. and that the data may be used for sending offers and news of AmstelPark B.V.. The customer can unsubscribe by sending an email to info@cruiseparkeren.nl.

Article 5 - Execution of agreement

AmstelPark B.V. shall endeavour to perform the contract to the best of its knowledge and ability, in accordance with what may be expected within the framework of the task assigned to AmstelPark B.V. and shall exercise all due care in performing the service. The commitment on the part of AmstelPark B.V. is a best effort commitment, not a result commitment.

AmstelPark B.V. and customer must inform each other at all times of circumstances and developments, of which the other must be aware with a view to the proper execution of the agreement. Customer is responsible for the soundness and completeness of the data made available to AmstelPark B.V. by him/her or on his/her request by a third party.

Customer shall always give AmstelPark B.V.the opportunity to properly execute the service, including the supply of information requested and/or relevant by AmstelPark B.V..

AmstelPark B.V. is entitled to have certain activities performed by third parties without the consent of the customer. Customer is not entitled to have work performed by himself or by third parties, which belong or could belong to the assignment to AmstelPark B.V..

Article 6 - Parking, returning and collecting the vehicle

At the moment of entering into the contract the customer is obliged to communicate the hand-in and pick-up time of the vehicle to AmstelPark B.V.. Changing these dates and times is possible up to 24 hours before execution of the service. In case of unforeseen circumstances, such as change of flight times, the customer is obliged to inform AmstelPark B.V. of these circumstances as soon as possible in writing, by e-mail to info@cruiseparkeren.nl or by telephone.

The customer should note that sufficient time should be taken for the Shuttle Service and its connection with the respective flight. In principle a minimum time of 30 minutes is needed after arrival at the parking lot itself, before the departure of transfer itself. AmstelPark B.V. is therefore not liable for missing a flight and other consequential damages due to insufficient consideration of the customer with the relevant connections. Waiting times occur and must be taken into account. As a guideline, park at least 3 hours before the departure of the plane and in the summer period at least 4 hours before the departure of the plane.

Customer shall be required to notify AmstelPark B.V.by telephone at the telephone number provided by AmstelPark B.V.that AmstelPark B.V.is to take possession of the vehicle at the desired time.

AmstelPark B.V.shall then make every effort to collect the vehicle at the desired time. However, AmstelPark B.V.shall be permitted to exceed this time by a maximum of 30 minutes.

AmstelPark B.V. will take a vehicle into custody if payment in accordance with the reservation has taken place. If payment has not yet taken place the customer shall still have to fulfil this obligation by means of pin payment or cash payment during return of the vehicle. If no payment has been made AmstelPark B.V. will not take the vehicle into custody.

All AmstelPark B.V. employees have an AmstelPark B.V. pass. Customer is responsible for checking this pass and turning in the vehicle to AmstelPark B.V. employees.

Customer must immediately inspect the vehicle at the time he/she returns it for any possible damage or changes compared to the time the vehicle was returned. If there is any damage to the vehicle the customer must note this (or have it noted) on the receipt form to be signed by him/her, failing which customer will lose his/her rights to complain and/or claims on account of possible damage towards AmstelPark B.V.. It is not possible to carry out a detailed damage intake due to the circumstances at the parking locations and the work that the employees of AmstelPark B.V.already have to perform. Customer must therefore take their own images of the vehicle at the handover and provide these when reporting a possible damage as proof that the reported damage was not present when the vehicle was returned. Images not taken at the parking location will not be accepted as evidence. Please note that AmstelPark B.V. is only liable for damage to vehicles in accordance with the provisions of article 10 of these general terms and conditions.

Customer must be able to show his part of the contract and proof of identity to the employee of AmstelPark B.V. when taking delivery of the vehicle. AmstelPark B.V. is entitled to make a photocopy of this proof of identity. If the customer cannot show proof of identity, AmstelPark B.V.is entitled not to return the vehicle to the customer until the customer can identify himself.

The customer is entirely responsible for any parking fine due to exceeding the indicated parking time and/or return time by more than 30 minutes. AmstelPark B.V.therefore accepts no responsibility and is not liable for any compensation.

Article 7 - (Other) obligations of customer

Customer is obliged to insure the vehicle hull/all-risk and keep it insured during the agreement, unless Customer can prove that the vehicle is not hull/all-risk insurable.

Customer is bound:

ensure that all equipment (electronics) in the vehicle is switched off at the time he/she returns the vehicle to AmstelPark B.V. If the customer's vehicle does not function / does not start during the period of custody this shall be entirely at the customer's expense and risk.

check the identity of the AmstelPark B.V. employee by showing his/her driver's pass when returning the vehicle. If the customer hands over the vehicle to a person who has not shown a driver's badge, this shall be for the risk and account of the customer.

not to leave valuables in the car

Article 8A - Complaints

Complaints about the performance of the service shall be reported by the customer on the receipt form to be signed by him/her upon return of the vehicle, in the absence of which the customer shall process his/her rights to complain and/or make claims regarding possible complaints against AmstelPark B.V..

AmstelPark B.V. will respond to the complaint in writing within 14 days after signing the receipt form by sending a response to the email address provided by the customer.

If complaints are justified, in the opinion of AmstelPark B.V., AmstelPark B.V. shall offer the customer such compensation as AmstelPark B.V. deems reasonable, which compensation shall never exceed the amount the customer has paid AmstelPark B.V. for the performance of the service.

Article 8B - Complaints procedure

  1. In this Grievance Procedure, the following terms shall have the following meanings:

a Complainant

The natural or legal person filing a complaint. Complainant may be:

- the customer

- A representative on behalf of the client

- next of kin(s) of a deceased customer

b Complaint

a complaint can be:

- an expression of dissatisfaction with service delivery

- a liability claim regarding damages suffered

c Dispute a complaint, which after treatment in accordance with these regulations, is not resolved to the satisfaction of the complainant and the customer does not resign therein.

d Judgment a written response containing an opinion or communication about a complaint from on behalf of the parking provider. Such judgment may be preliminary or final in nature.

  1. Objectives of the Grievance Procedure

The purpose of the Grievance Procedure is to:

Provide an effective and approachable reception and handling of dissatisfaction and complaints, aimed at resolving the complaint;

improving, if necessary, the quality of the company's services;

  1. Submission of expression of dissatisfaction and/or a complaint

The complainant first turns to the service provider (legal entity) in the case of complaints

The complainant or the complainant's representative shall submit the complaint in writing/email directly to the company.

The company will contact the complainant within two weeks of receiving the complaint. If the contact does not lead to a satisfactory resolution of the complaint, the complainant or the complainant's representative will be advised of the possibility of referring it to the foundation's disputes committee.

The company and the complainant or the complainant's representative try to reach a satisfactory solution by mutual agreement.

  1. Admissibility

The complainant's complaint will be declared inadmissible if:

a complaint does not relate to a service provided

a complaint is filed by a person other than the circle of persons who may file a complaint under Article 1 of the Grievance Procedure.

If the complaint concerns others than the company.

  1. Complaint handling

Upon receipt of the written complaint, the company will contact the complainant to determine, in consultation with the complainant, how best to handle the complaint.

In handling the complaint, the company's handler will apply adversarial procedures

The complainant will be kept informed in writing by the complaints officer of the progress of the complaint's handling.

If the handler deems it necessary to reach a resolution of the complaint, an external party, such as an expert, claims adjuster may be called in.

Upon completion of the complaint process, the complainant will receive a letter and or email from the company stating the reasons for the outcome of the investigation of the complaint, what decisions have been made about and as a result of the complaint and within what timeframe measures decided upon will be realized.

  1. Terms

A complaint must be filed within two weeks after the complainant is aware or could reasonably have been aware that the company's services could give rise to a complaint as referred to in the Complaints Procedure.

If it is a material damage (to or in the vehicle), then the complainant should disclose this to the company without delay. In order to establish culpability to the company 1).

If the deadline has passed, the complaint will still be considered, however, the complainant will be asked to explain in writing why the complaint is not submitted without delay (material damage) or only after two weeks (service).

The company will have completed complaint handling within eight weeks.

If it proves impossible to reach a resolution of the complaint within the time limits specified in this article, the time limit may be extended by the company for as much longer as necessary provided that the complainant has agreed to the extension in writing.

Reporting the property damage without delay is important to establish causation. After all, the damage may have occurred after the parking operator's custody.

  1. Disputes Committee Parking Quality Assurance Foundation

If the complainant does not agree with the outcome of the complaint handling and is of the opinion that the complaint has not been resolved, there is a dispute. The dispute can be submitted in writing to the Parking Quality Assurance Foundation.

  1. Information

The company shall ensure that the regulations are made known to the general public, and customers in particular, including by posting on its own website, providing leaflets and verbally pointing out the existence of the Complaints Procedure in the event of a complaint.

  1. Cost

The complainant is not liable for any fees for complaint handling as set forth in this Grievance Procedure.

If the complainant engages (legal) assistance in the handling of the complaint, the costs thereof shall be at the complainant's own expense.

  1. Secrecy

The persons involved in complaint handling are obliged to maintain confidentiality with regard to (personal) data obtained, the confidential nature of which is known or must reasonably be considered to be known. This means that these data may not be provided to third parties.

An exception to the obligation of confidentiality (as referred to in this article paragraph 1) is permitted if a statutory regulation, a court ruling that has become final or ex officio obligations require disclosure.

  1. Processing personal data

The company s responsible for recording the data.

The company qualifies as a responsible party within the meaning of the Personal Data Protection Act and will ensure careful handling of personal data obtained.

The personal data referred to in this article will be kept for a maximum of 2 years, after the treatment of the complaint is completed, unless there are compelling reasons to keep it longer.

  1. Entry into force

The Grievance Procedure was adopted on 01-01-2020 and will take effect as of the aforementioned date.

Article 9 - Price and payment

The prices and/or rates used by AmstelPark B.V. for the service are listed on the website or in the confirmation email sent by AmstelPark B.V. to the customer, if the customer does not book via the website.

Payment must be made in Euro during the booking via the website, or within 3 calendar days after receipt of the confirmation email to a bank account number designated by AmstelPark B.V.. Bookings within 24 hours prior to service performance will only be processed if payment is made within 2 hours of receipt of the confirmation email from AmstelPark B.V.to the customer.

Objections to the height of the invoice do not suspend a payment obligation. Customer is not entitled to set off amounts owed by him/her to AmstelPark B.V. against (possible) claims of the customer on AmstelPark B.V..

If invoices are not paid within the specified period, the customer is liable for statutory interest under the law.

In case of liquidation, bankruptcy, attachment or suspension of payment of the customer or if the customer otherwise loses free management or free disposition of his assets, the claims of AmstelPark B.V. on the customer shall be immediately due and payable.

If AmstelPark B.V. is forced by non-payment of the customer to take measures to obtain payment, the related extrajudicial costs shall be for the account of the customer. The extrajudicial costs shall be determined on the basis of BIK-staff.

Payment of a given sum of money shall serve first to pay expenses, then to pay interest already accrued, and finally to pay the principal sum and accrued interest, regardless of whether other instructions are given by the customer at the time of payment.

If the customer returns later than planned or the term of the agreement is extended, the customer must notify AmstelPark B.V. by e-mail, by text message or by telephone. An additional € 12,50 per day will be charged to the customer by AmstelPark B.V.. Earlier return than planned or a shortening of the term of the contract does not entitle the customer to a refund of an amount already paid and/or a discount on an amount still to be paid by the customer.

Article 10 - Liability

AmstelPark B.V. shall never be liable for damage suffered by the customer if the customer has not reported this damage in a timely manner in accordance with the provisions of article 6 of these general terms and conditions.
2. AmstelPark B.V. shall never be liable for damage suffered by the customer, if such damage is compensated by the customer's insurer.
3. AmstelPark B.V. shall never be liable for damage that the customer suffers or will suffer as a result of fire (foundation), (burglary) damage to the vehicle or theft or misappropriation of the vehicle that the customer has placed in storage, unless the customer proves that the damage occurred during the period that the vehicle was placed in storage, AmstelPark B.V. has not observed the care of a good custodian and the damage suffered by the customer is the result of this.
4. AmstelPark B.V. is never liable for damage suffered by third parties as a result of the execution of the contract, unless there is intent or deliberate recklessness on the part of AmstelPark B.V.. AmstelPark B.V. is not liable for vehicle glass damage.
5. Direct damage means exclusively:
the reasonable costs to determine the cause and extent of the damage, as far as the determination concerns damage in the sense of these conditions;

the reasonable costs incurred to prevent or limit damage, insofar as the customer proves that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
6. AmstelPark B.V. shall never be liable for indirect damage.
7. AmstelPark B.V. shall never be liable for damage caused by incompleteness of or defectiveness in the information supplied by or on behalf of the customer.
8. When it appears that the damage claimed by the customer was already present on the vehicle at the moment it was delivered to AmstelPark B.V., handling costs in the amount of Euro 78,68 (excl. VAT) will be charged in accordance with covenant regulation administration costs (article 10 of the covenant).

Article 11 - Force majeure

Parties are not obliged to fulfill any obligation under the agreement if they are prevented from doing so as a result of a circumstance that is not due to fault and is not for their account by virtue of the law, a legal act or generally accepted practice.

Force Majeure on the part of AmstelPark B.V. is understood in these terms and conditions, in addition to what is understood in law and jurisprudence, to include all external causes over which AmstelPark B.V. has no influence, but through which AmstelPark B.V. is unable to fulfil its obligations. Labour strikes by (sub)contractors or personnel of AmstelPark B.V. are included.

As soon as it is permanently impossible for AmstelPark B.V. to fulfill its obligations due to the existence of the force majeure situation, each party shall have the right to dissolve the contract for the part not yet fulfilled, without the other party being liable for compensation.

Insofar AmstelPark B.V. has already performed the service at the time of the start of force majeure, but has to discontinue its activities earlier than the agreed period due to force majeure, AmstelPark B.V. shall be entitled to invoice the customer separately for the part already performed or to be performed. Customer is obliged to pay this invoice as if it were a separate agreement.

Article 12 - End of the agreement / cancellation

Customer is entitled to terminate (cancel) the agreement free of charge up to 24 hours before the service is to be performed.

If customer cancels (cancels) in the period from 24 hours until the performance of the service, or customer does not appear at the agreed time (no show), he/she will owe the full agreed fee.

AmstelPark B.V. may terminate the agreement with the customer with immediate effect, without prejudice to AmstelPark B.V.'s other rights under statutory provisions, if:

customer has not paid the agreed fee at least 1 hour before the performance of the service;

customer fails in the fulfilment of other obligations resulting from the contract, after AmstelPark B.V. has given him/her notice of default and also after expiry of a reasonable (repair) period. For the purpose of this paragraph a notice of default is any communication that unambiguously shows that AmstelPark B.V. requires performance;

after the conclusion of the agreement AmstelPark B.V. becomes aware of circumstances that give reason to believe that the customer will not fulfil his obligations;

customer is declared bankrupt, is granted suspension of payments, whether provisional or not, loses free management or free disposal of his/her assets due to seizure, receivership or otherwise, all this irrespective of whether the relevant court order has become irrevocable or customer has offered a settlement outside bankruptcy or creditors;

customer dies

Article 13 - Intellectual property rights

AmstelPark B.V. is owner of all intellectual property rights on its word and image trademarks, trade names and domain names, as they are (also) mentioned on its website (www.cruiseparkeren.nl). Customer is not entitled to use, copy, reproduce and/or make public these matters unless AmstelPark B.V.gives its prior written consent.

Article 14 - Indemnification

Customer indemnifies AmstelPark B.V.for possible claims of third parties, who suffer damage in connection with the execution of the contract and of which the cause is attributable to others than AmstelPark B.V..

In case AmstelPark B.V. may be held liable by third parties, the customer is obliged to assist AmstelPark B.V., both extrajudicially and judicially, and immediately do all that may be expected of him/her in that case. Should the customer be in default in taking adequate measures, AmstelPark B.V. is entitled to do so without notice of default. All resulting costs and damages on the part of the customer and third parties shall be for the account and risk of the customer.

Article 15 - Applicable law and dispute resolution

All contracts concluded between AmstelPark B.V. and the customer shall be governed exclusively by Dutch law.

All disputes arising from contracts AmstelPark B.V. concludes with the customer or from other contracts for the execution thereof, shall be heard by the competent court of the District Court of Amsterdam to the exclusion of any other judge.

Apart from the provisions of article 15 paragraph 2 of these general terms and conditions, AmstelPark B.V.reserves the right to sue the customer before the competent court of the customer's place of residence or business.