BePark S.A., a Belgian company registered in the Crossroads Bank for Enterprises under number 0839.421.964, with its registered office at 1050 Brussels, Rue du Mail, 50 (Belgium) (hereinafter referred to as "BePark") offers the User (defined in more detail below) a service for the provision of parking spots via its website www.bepark.eu, its customer service department, or any other means enabling the User to obtain at least one parking spot provided by BePark.
The use of these Services is governed by these terms and conditions (hereinafter "Terms and Conditions").
The User declares that they are aware of the need to have, at their own expense, an Internet access subscription and that they have made sure that the configuration of their computer and mobile equipment is suitable and compatible with the use of the Services made available to them by BePark.
The User acknowledges that they have read, understood, and accepted these Terms and Conditions without reservation. If the User does not accept these Terms and Conditions, they are not authorized to use the Application and Services.
For any questions regarding these Terms and Conditions or the Services offered by BePark, the User may contact BePark's customer service department directly by email (info@bepark.eu) or by phone (BE: +32 (0)2/880.05.50, FR: +33 (0)1.82.88.72.87).
In these Terms and Conditions, the following terms shall have the following meanings:
1.1. "User": any person using BePark's services, in particular having access to at least one parking spot made available by BePark, regardless of the means by which they received this access;
1.2. "Services": all services offered, provided, or supplied by BePark as part of its commercial activity, including the provision of parking spots to the User via the means provided for this purpose by BePark, in particular the Application;
1.3. "Application": the "BePark" mobile application, which allows Users to access the parking spots made available;
1.4. "Website": the website www.bepark.eu;
1.5. "Subscribing User": a User who takes out a subscription. The subscription is valid from the 1st day of the month, with the possibility of pro-rata payment if the subscription begins after the start of the month, and for the duration mentioned in the offer accepted by the User, without pro-rata payment in the event of termination before the end of the last month of the term. The subscription is tacitly renewed at the end of the term mentioned in the offer accepted by the User, for a term identical to the initial term. A subscription allows the registration and use of a single license plate for a parking spot. Any additional license plates registered under the same subscription are subject to the fees provided for in Article 7.6.
Notice to consumers
A Consumer is any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft or professional activity.
When the Subscribing User is a Consumer, the subscription is tacitly renewed at the end of the term mentioned in the offer accepted by the User, for a term identical to the initial term. The consequence of the tacit renewal of the subscription is its continuation under the same terms and conditions, particularly financial, as those applied to the initial term. Subscribing User whose subscription has been tacitly renewed may terminate their subscription by closing their subscription in their customer account. Any month that has begun is payable in full and, for Consumers, the termination of the subscription is effective from the last day of the month in which the Subscribing User notified BePark of the termination by closing their subscription in their customer account.
Article VI.91, §2 of the Economic Law Code stipulates that: ‘Without prejudice to the law of 4 April 2014 on insurance, the consumer may, after the tacit renewal of a fixed-term contract, terminate the contract at any time, without compensation, at the end of a notice period specified in the contract, which may not exceed two months.’
1.6. "Occasional User": User who uses the Services by booking on a daily basis. The reservation is valid from midnight to 11:59 p.m. the following day and may be expressly renewed for periods of one day at a time, with no maximum duration, but without any commitment or tacit renewal beyond the reserved period.
1.7. "Professional User": User who uses the Services in the course of their professional activity, has a valid VAT number, and subscribes to an offer reserved for professionals.
1.8. "BePark Pro": Monthly subscription package reserved for Professional Users, at a price of EUR 4.99 excl. VAT/month per parking spot, giving access to a parking spot in accordance with the conditions defined in the offer and these Terms and Conditions. The terms and conditions of this subscription package are specified in the offer accepted by the User. A subscription allows the registration and use of a single license plate for one parking spot. Any additional license plates registered under the same subscription are subject to the fees set out in Article 7.6.
The purpose of these Terms and Conditions is to define the terms and conditions under which BePark makes the Services available to the User.
3.1. These 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. These terms and conditions apply in particular to each visit or use of the Website or the Application and to each use of a Service.
3.2. These Terms and Conditions prevail over any terms and conditions, special conditions, or any other document that the User may have sent to BePark.
3.3. These Terms and Conditions exclusively govern the relationship between BePark and any User. The User remains nevertheless required to comply with the internal regulations of the parking that they may use in connection with the use of the Services.
3.4. The User declares that they have read these Terms and Conditions and agrees to comply with them. The Terms and Conditions are available and can be consulted at any time at the following address: www.bepark.eu
3.5. BePark reserves the right to modify and update these Terms and Conditions at any time, at its sole discretion. Unless prohibited by law, BePark will provide at least 30 calendar days' notice of any changes to the Terms and Conditions (e.g., by email or via the Application) to allow the User to review the amended Terms and Conditions before they take effect. Changes to the Terms and Conditions will only become effective at least 30 calendar days after Users have been notified of the changes. Once the updated Terms and Conditions are in effect, the User will be bound by them if they continue to use the Application or Services. If the User does not accept the Terms and Conditions, as amended, they must stop using the Application and the Services and may terminate the contract with BePark at no cost. In the event of termination in accordance with this provision, BePark will reimburse the User for any amounts already collected for services that have not yet been provided.
3.6. The invalidity, nullity, or unenforceability of any provision of the Terms and Conditions with the legal or regulatory provisions in force shall not affect the validity of the other provisions of the Terms and Conditions, which shall remain in full force and effect.
The provision that is wholly or partially void, lapsed, or unenforceable shall remain applicable to the maximum extent permitted by law, shall be deemed unwritten for the remainder, and shall be replaced by a similar provision that complies with the law and performs, as far as possible, the same function.
4.1. These General Terms and Conditions of Use shall enter into force on the date they are posted online and shall be enforceable on the date of the User's first use of the Services.
4.2. These Terms and Conditions shall be enforceable throughout the entire period of use of the Application and Services, until such time as new Terms and Conditions replace these.
4.3. The User may at any time choose to stop using the Application and the Services offered therein, but shall remain subject to the Terms and Conditions until the end of their contract.
5.1. The User expressly declares that they have the power, authority, and capacity necessary to enter into and perform the obligations incumbent upon them in connection with the use of the Website and Services.
5.2. Only Users aged 18 or over may use the Service or the Application.
5.3. If the User resides in a jurisdiction that restricts the use of the Service or the Application for age reasons, or that restricts the ability to enter into contracts for age reasons, the User must comply with these age restrictions and may not use the Service or the Application if they do not comply with these restrictions.
5.4. Users who are natural persons declare that they are of legal age to enter into a binding contract. Users who create an account for a legal entity declare that they are authorized to do so and to bind that entity to these Terms and Conditions and to register it to use the Service and the Application.
5.5. Any person who is legally incapacitated within the meaning of Articles 5.41 et seq. of the (Belgian) Civil Code may not become a User in any way.
6.1. The Application, Website, and Services are normally accessible 24 hours a day, 7 days a week. However, BePark cannot be held liable for any interruptions in the availability of the Application, Website, and Services when such interruptions are beyond its control or are in accordance with these Terms and Conditions, and the User shall not be entitled to any compensation in such situations.
6.2. BePark reserves the right, temporarily or permanently, in whole or in part, to modify, suspend, or discontinue the Website, Services, or Application, or to expand, reduce, or remove Services, features, characteristics, and support for certain devices without notice for any reason and without liability to the User, except to the extent that this would not be in accordance with applicable law. The Application, the Website, or the Services may be interrupted, in particular for maintenance, repairs, updates, or network or equipment failures.
6.3. Any interruption or removal, whether total or partial, permanent or temporary, of the Application or the Website will be preceded by 30 calendar days' notice to Users. However, notice is not required in urgent situations such as preventing abuse, responding to legal requirements, or resolving security and operability issues. Any interruption or removal, whether total or partial, permanent or temporary, of the availability of one or more parking spots will be preceded by a maximum of 30 calendar days' notice to Users. However, if BePark itself is not informed of the unavailability in sufficient time, the notice period may be reduced or not given. However, advance notice is not required in urgent situations such as the prevention of abuse, response to legal requirements, or resolution of security and operability issues. Events beyond BePark's control may affect the Application, the Website, or the Services, such as natural phenomena, acts of God, and other events of force majeure.
6.4. In the event of an update to the Application, the User may not be able to use the Application until the User has installed the latest version of the Application.
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 beyond BePark's reasonable control. Consequently, BePark is not responsible for any connectivity issues that the User may encounter when using the Application or the Website. Furthermore, the User acknowledges and agrees 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 any telecommunications charges that may be billed to them 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 ability to use the Application and Services) pursuant to Article 6, if the period during which the Services are discontinued has already been billed, insofar as the User is not responsible for the interruption of the Services and is unable to benefit from them, the excess amounts will be refunded and credited to the User. This provision does not apply in cases of force majeure.
7.1. Users who wish to use the Services and/or the Application must create a personal account for this purpose via the Website.
7.2. When registering on the Website, the User's first and last names, email address, car license plate number or unique bicycle identification number (available on mybike.brussels or another system approved by BePark) and payment details will be required. For Professional Users wishing to subscribe to a BePark Pro subscription, a valid VAT number must be provided. BePark reserves the right to verify this number and refuse registration if it is not valid.
The User undertakes to provide accurate, complete, and up-to-date information. In the event of a breach of this obligation, a penalty clause of EUR 25 shall be automatically payable, without prejudice to any other damages that BePark may claim.
The User must choose a strictly confidential username and password.
A confirmation email will then be sent to them.
7.3. The User is responsible for maintaining the confidentiality of their username and/or password. The User shall not be entitled to distribute this access information or allow others to use it to access the Website. Therefore, the User agrees to take reasonable measures to prevent others from obtaining said access information and to report any unauthorized access directly to BePark customer service by email or telephone at the address or number indicated in the preamble to these Terms and Conditions.
7.4. For parking requiring the use of a badge, key, beeper, or any other access device, a deposit of EUR 50 including tax will be debited from the User's account at the time of subscription. This deposit will be refunded to the User, provided that the access device is returned in good condition at the end of the contract. In addition, the User shall pay a flat fee of EUR 50 for the administrative costs of processing the access device request, as well as the associated shipping costs.
In the event of loss, theft, or major damage to the access device, a fixed fee of EUR 150 including tax will be charged to the User.
In the event of termination of the subscription, the User undertakes to return the access device to BePark at their own expense and without delay. If the device is not returned and the User continues to use the Services, the User shall be liable to BePark and the owners of the parking concerned and shall fully compensate BePark and the owners for any damage suffered, in particular for the non-return of the device.
In addition, in the event of minor damage or demagnetization of the access device (from the second occurrence onwards), an excess of EUR 50 including tax will be applied to cover the cost of replacing or repairing the device.
7.5. BePark reserves the right to verify the information provided at any time and to refuse the Service or use of the Application without having to justify its decision.
7.6. Each BePark subscription and reservation entitles the User to register a single license plate number, corresponding to a single parking spot. If the User wishes to register one or more additional license plates for the same parking spot, they will be charged, per additional license plate, an amount corresponding to 15% of the monthly price of the subscription concerned or 15% of the price of the reservation, as applicable. BePark reserves the right to verify that the number of license plates registered corresponds to the number of subscriptions taken out.
7.7. A BePark User may register up to two phone numbers on their profile. For each additional number beyond two, the User will be charged an administrative fee of EUR 15.
8.1. The User may only access the Services using the means of access provided for this purpose by BePark. It is the User's responsibility to check that they are downloading the Application compatible with their phone. BePark declines all responsibility if the User's mobile phone is not compatible with the Application or if the User downloads an incompatible version of the Application. BePark reserves the right to terminate the Services and use of the Application if the User uses the Service or Application with an incompatible or prohibited phone.
8.2. By using the Application or the Service, the User also agrees:
8.3. The User undertakes to comply with and enforce the General Terms and Conditions as well as the internal rules (below), safety rules, and signage of the parking lot(s) made available to them.
8.4. Fraudulent use of the Website or use that contravenes the Terms and Conditions may result in BePark refusing access to the Services offered by the Website at any time, even if BePark has confirmed access to the Services, without prejudice to any legal action available to BePark before the competent courts under these Terms and Conditions. Furthermore, BePark reserves the right to immediately terminate the Service and use of the Application if the User fails to comply with any of the rules set out above.
9.1. Accessibility to the parking lot depends on the parking lot and the means of access chosen by BePark and offered by the parking lot owner:
9.2. In the case of occasional use: Occasional Users must reserve a parking spots via the Website for the desired duration, subject to availability and the type of parking lot.
9.3. In the case of a subscription: the Subscribing User must reserve a parking spot via the Website or with the help of BePark's sales department.
9.4. If the User parks in a parking without a valid purchase, their vehicle may be removed as indicated below in the section "Detention, immobilization, relocation, and removal of vehicles."
9.5. The height of vehicles may not exceed that indicated at the entrance to the parking, as imposed by the actual situation or by the regulations specific to the parking, and in any case, this height may not exceed 4.80 m. It is forbidden to enter the parking with trailers of any kind, including caravans.
9.6. If specific conditions apply to the parking used, in addition to these General 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 any User who does not comply with these Terms and Conditions, any specific conditions applicable to the parking, or the internal rules of the parking made available to them.
10.1. Users may only access, park, and exit the parking during the hours corresponding to their purchase. These hours can be viewed via their online customer account. The applicable opening hours may be modified by BePark, which will notify Users via the Website, the Application, or by email.
10.2. Users may only park their vehicles in spaces reserved for BePark Users and corresponding to their type of vehicle. These spaces will be communicated to them by BePark at the time of booking. Unless otherwise specified by BePark, Users will not be allocated a designated space. Under no circumstances may Users park in an inconvenient or unauthorized location.
10.3. In the event of non-compliance with the rules applicable to the use of the Service, BePark may have the vehicle removed at the User's expense and risk in accordance with the provisions set out below in the section entitled "Detention, immobilization, relocation, and removal of vehicles." BePark will automatically debit the User's account for the cost of removing the vehicle without notice, without prejudice to the exclusion of BePark Services as described in the section "Detention, immobilization, relocation, and removal of vehicles" and other remedies and recourses available to BePark.
10.4. The User and all persons accompanying them are required to respect the peaceful nature of the neighborhood when moving around the parking and its surroundings. The use of radios and other sources of noise in the parking is prohibited.
10.5. The User undertakes to leave the parking in a spotless condition. It is strictly forbidden to wash vehicles in the parking, to carry out any work there, or to deposit or store anything other than a validly registered and insured car or an identified and secured bicycle that is used regularly. The parking spot is not a long-term storage or warehousing space. Unused vehicles may be removed after warning as indicated below in the section "Retention, immobilization, movement, and removal of vehicles."
10.6. Vehicles parked in the parking must meet the same conditions as those imposed on vehicles parked on public roads. In particular, the User declares that the vehicle(s) (except bicycles) that they park using BePark's Services are covered by valid civil liability insurance and that their insurance premiums are up to date. The “Code de la route” and any other regulations relating to traffic on public roads apply in the parking, unless otherwise specified. In all cases, the maximum speed limit for vehicles is 10 km/hour.
10.7. Cars must be locked, windows raised, and alarms activated; bicycles must be securely attached to the racks provided for this purpose (maximum 2 bicycles per rack, one on each side; a bicycle subscription authorizes the parking of only one bicycle). Vehicles remain the sole responsibility of the User. Any object left in the vehicle, or accessory attached to the vehicle, is the sole responsibility of the User.
10.8. The parking spots may not be transferred or sublet.
10.9. If the parking access time is exceeded by more than 30 minutes, an administrative fee of EUR 25 will be charged to the User's account.
10.10. If it is noticed that a User is parking more vehicles in the parking than they have subscriptions for, an administrative fee of EUR 25 per additional vehicle per day (each day started being counted as a full day) will be charged to the User's account.
10.11. If it is noticed that a Subscribing User is using their subscription for more license plates than the number for which the subscription was granted, administrative fees equal to EUR 25 per additional vehicle per day (each day started being counted as a full day) will be charged to the User's account.
11.1. In the event of an accident or involuntary immobilization of a vehicle, the User shall immediately take the necessary measures to repair the vehicle so that it does not in any way obstruct normal traffic in the parking. In any event, the User shall ensure that the vehicle is removed before the end of the time slot during which they are authorized to access the parking. In all cases, the User shall inform BePark directly by email (info@bepark.eu) or by telephone (BE: +32 (0)2/880.05.50, FR: +33 (0)1.82.88.72.87).
11.2. The User formally authorizes BePark and/or the parking owner to move their vehicle or have it moved, at their expense and risk, in the following cases:
In all of these cases, the travel expenses payable by the User shall be fixed at a flat rate of EUR 400 including tax, without prejudice to the provisions of this article.
11.3. When the User's vehicle remains in the parking beyond the contractually agreed period of use, and BePark is able to identify the User to whom the vehicle in question belongs, BePark may move the vehicle within the parking and place a wheel clamp or similar device on it, for a fixed fee of EUR 400 including VAT (or any amount specified in the offer accepted by the User).
The vehicle will only be returned to the User after full payment of:
Notwithstanding the foregoing, BePark reserves the right to contact the police to have the vehicle removed and impounded if it is not collected by the User within a reasonable period of time, 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 reserves the right to contact an authorized tow truck company to remove the vehicle and store it at the authorized tow truck company's premises if it is not removed by the User within a reasonable period of time, 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 come and remove their vehicle.
In the event of impoundment or storage at an authorized tow truck company, all costs related to such impoundment or storage shall be borne by the User, and the following costs shall remain payable to BePark:
11.4. When the User's vehicle remains in the parking beyond the contractually agreed period of use, and BePark is unable to identify the User to whom the vehicle in question belongs (for example, in the event of the removal of the license plates or if the plates affixed to the vehicle are unknown to BePark), BePark will make reasonable efforts to identify the owner of the vehicle.
If the owner of the vehicle is identified, the measures referred to in paragraph 11.3 shall apply.
If the owner of the vehicle cannot be identified, BePark will report the matter to the relevant local authority within 7 days of discovery. If the local authority identifies the owner, it will send a registered letter inviting them to collect the vehicle within one month.
BePark may keep the vehicle or entrust it to the municipality, which will then assume custody of it.
Six months after the discovery, BePark or the municipality may dispose of the vehicle in an economically justified manner.
If the vehicle is sold, the gross product of the sale shall be kept at the disposal of the owner or their beneficiaries for the entire legal period required.
11.5. Bicycles and cargo bikes that are not collected or claimed after a period of three months from the date of their placement in the parking will be considered lost. BePark reserves the right not to be able to return the bicycle to its owner after this period.
12.1. Registration with BePark via the Website or the Application is free of charge. The price for each parking spot provided is displayed on the Website or the Application (hereinafter the "Price") in euros and includes VAT, and varies according to the parking and the duration of parking. The Price of the BePark Pro subscription, reserved for Professional Users with a VAT number, is set at EUR 4.99 excluding VAT per month.
12.2. BePark reserves the right to change its rates at any time, at its sole discretion. Rate changes will not be retroactive and will not apply to current reservations. The new rates will only apply to new reservations made by Occasional Users. The new rates will only apply to (monthly) renewals of subscriptions by Subscribing Users after at least 15 calendar days' notice has been given to allow the Subscribing User to review the new rates before they come into effect. Once the updated pricing terms are in effect, the User will be bound by them if they continue to use the Application or Services. If the User does not accept the new rates, they must stop using the Application and Services at the end of the current term of the Services and may terminate the contract with BePark without termination fees at the end of that term.
12.3. In the event of non-compliance with the parking’s opening hours, BePark reserves the right to apply a surcharge per minute for each minute of overrun.
12.4. Unless otherwise specified at the time of booking, any cancellation or modification of a booking is free of charge up to 24 hours before the start of the booking. Once the period of use has begun, the full amount is due.
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 upper limit of EUR 9.99 including tax per month and per subscription. The service fee is billed at the same time as the subscription and follows the same payment and renewal rules as the subscription.
12.6. Any reservation made via the BePark marketplace is subject to a Service fee. This fee corresponds to 15% of the total amount of the reservation, with an absolute maximum of EUR 9.99 including tax per reservation. The Service fee is payable at the time of reservation and is non-refundable, except in the case of mandatory legal provisions or cancellation in accordance with Article 12.4.
Mobile phone charges are payable by the User and will be billed directly by their operator. The price will be that applicable for any call from a mobile to a landline.
14.1. There are two payment methods for using BePark's paid Services:
14.2. BePark provides parking spots to Users for a fee, in accordance with section "12. Rates" of these Terms and Conditions. Users choose their payment method when registering on the BePark website or when entering into a contract with BePark.
14.3. The User acknowledges that BePark may debit the credit card account or bank account provided during registration for the Services, in the event of payment by direct debit, for the Services requested (including taxes, administrative fees, and any late payment penalties) without further authorization.
14.4. The User is responsible for paying their invoice in full by the due date indicated on the invoice. They must provide BePark with a valid credit card or bank account for the payment of all amounts due at any time. Payments made are non-refundable. Failure to pay an invoice by the due date shall render all sums owed by the User to BePark immediately payable, regardless of any payment facilities previously granted.
14.5. BePark uses a third-party payment system ("the payment system") to link the User's credit card account to the Application and Services. The processing of payments or any credits arising from the User's use of the Application and the service will be governed by the terms and conditions and privacy policy of the payment system and by the terms and conditions of the credit card issuer, in addition to these Terms and Conditions, in accordance with the legal provisions in force.
14.6. BePark declines all responsibility in the event of an error due to the payment system. In connection with the User's use of the Services, the User acknowledges and agrees that BePark will obtain certain transaction details, which it will use in accordance with these 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 authorization of payment by credit card by officially accredited bodies or in the event of non-payment, BePark reserves the right to take action to recover the amounts due via payment reminders, temporary blocking of the User's access, or even the transfer of the file to an external collection agency.
14.9. In the event of non-payment within the specified time limit, interest calculated in accordance with the interest rate applicable to late payments in commercial transactions in force at the time of non-payment shall be due automatically and without formal notice, as well as a fixed compensation of €40 for collection costs, regardless of the principal amount. In addition, a penalty clause corresponding to 10% of the unpaid amount shall be applied automatically.
14.10. The User acknowledges that all invoices issued are payable in full and that termination of the contract shall in no case have retroactive effect on invoices issued.
By accepting these Terms and Conditions and using the Application or the Service, the User agrees to defend, indemnify, and hold harmless BePark, its subsidiaries, its licensors, and each of its officers, directors, other Users, employees, agents, and representatives against any claims, costs, damages, losses, liabilities, and expenses (including legal fees, attorneys' fees, and costs) arising out of or in connection with:
16.1. To the fullest extent permitted by law, BePark and the owner(s) of the parking lots made available to Users shall in no event be liable to Users for any loss, injury, or damage (including, but not limited to, special, indirect, consequential, or punitive damages, lost profits, lost revenues, or other incidental damages) related to, arising out of, or resulting from the use, inability to use, or the results of use of the Application, the Website, or the Services.
16.2 The information, recommendations, and/or services provided to the User directly or indirectly by the Website, the Services, and the Application are for general information purposes only and do not constitute advice. BePark will endeavor to maintain the Website, the Application, and their contents in a proper and up-to-date condition, but does not guarantee that the Website and/or the Application (and their contents) are free of errors, defects, malware, or viruses, or that the Website and/or the Application are correct, up-to-date, and accurate. BePark shall not be liable for any damages arising from the use of (or inability to use) the Website or the Application, including damage caused by malware, viruses, or any inaccuracy or omission of information on the Website or in the Application, unless the damage results from a deliberate act or gross negligence on the part of BePark.
16.3. BePark shall not be liable for any damages arising from the use (or inability to use) electronic means of communication with the Website or the Application, including damages 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 parkings made available to Users decline all liability, on any grounds and for any reason whatsoever, for any damage of any kind, whether physical or immaterial, to persons or property (such as, in particular: accidents, theft or damage, even partial) that may occur during or as a result of the use of the parking. The User undertakes to immediately report any damage to customer service via: claims@bepark.eu
16.5. Furthermore, as BePark is not a custodian, it does not assume any obligation to guard or supervise the User's property and shall not be liable for any actions of third parties.
16.6. BePark only enters into obligations of means for all Services offered, proposed, or provided. BePark cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including service interruption, external intrusion, or the presence of computer viruses, or any event that may be classified as force majeure.
16.7. In any event, BePark's liability under these Terms and Conditions shall not exceed an amount equal to the sums paid or payable under the transaction giving rise to said liability, regardless of the cause or form of the action concerned. The liability limit established by this provision applies to a single transaction, excluding any tacit or express renewal. Consequently, BePark's liability limit for subscribing users will correspond to the price paid for one month's subscription 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 downloading, viewing, and using the Website and/or the Application.
16.9. The above waiver of damages and limitation of liability shall apply to the maximum extent permitted by applicable law. The laws of certain states may not allow the exclusion or limitation of certain damages, and to the extent that such laws are mandatory, the above exclusions and limitations that are inconsistent 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 set forth in the Terms and Conditions, BePark shall only be liable to the following extent: BePark shall be 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 by 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, morality, and the rights of third parties.
16.12. The User undertakes not to take any action that may, directly or indirectly, undermine the integrity of the Website, the Application, and/or the Services made available to them by BePark.
17.1. The User expressly acknowledges, exclusively and free of charge, that BePark has the right to use any content published by the User via the Application and/or the Website on the internet, on social networks or by any means and on any media known or unknown to date, for commercial or advertising purposes, without any territorial restrictions and for as long as BePark operates the Application and/or the Website covered by these Terms and Conditions.
17.2. However, BePark is under no obligation 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 liable to anyone for the content or accuracy of User content. BePark will not continuously monitor published User content and will not act as a moderator between Users. Furthermore, BePark shall not be required to do so. Without limiting the foregoing, the User acknowledges and agrees that the remarks, opinions, comments, suggestions, and other information expressed or included in User content do not necessarily reflect the views of BePark.
17.4. The User represents and warrants that the User content they post or transmit originates from them, is not plagiarized from third-party creations, does not infringe on the intellectual property rights of third parties, privacy rights, or personality rights, and does not contain defamatory or derogatory statements.
17.5. The User agrees and undertakes to indemnify BePark, its subsidiaries, and its licensors at all times 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 the User, or arising from the User's use of the Website, Services, or Application.
17.6. BePark reserves the right to block or remove, in whole or in part, any User content posted or transmitted if BePark believes that it does not comply with these Terms of Use or is unacceptable for any other reason.
17.7. The User agrees to notify BePark in writing as soon as possible if any User content violates these Terms of Use. The User agrees to provide BePark with sufficient information to enable it to verify whether such User content violates these Terms and Conditions. However, BePark does not guarantee or represent that it will block or remove (in whole or in part) the User content in question.
18.1. If the User complies with these Terms and Conditions, BePark grants the User a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a mobile phone that the User owns or controls, and to use that copy of the Application for personal use only.
18.2. The User may not:
- design or build a competing product or service;
- design or build a product using similar ideas, features, functions, or images from the Service or Application;
- copy ideas, features, functions, or images from the Service or Application;
18.3. The User may not:
18.4. BePark shall have the right to investigate the violations mentioned above, to the fullest extent permitted by law, and to take legal action. BePark may call upon and cooperate with law enforcement authorities to prosecute Users who violate these Terms and Conditions.
18.5. The User acknowledges that BePark is not obligated to monitor their access to the Website, Services, Application, or collective content, or the use thereof, or to verify or edit collective content. However, the User acknowledges that BePark has the right to monitor their access in connection with the operation of the Website, the Application, and the Service, to ensure compliance with these Terms and Conditions or to comply with applicable law or an injunction 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 violates these Terms and Conditions or otherwise harms the Website, the Service, or the Application.
19.1. The Application and the Website contain text, images (still or animated) and sounds, which 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 does not grant any rights or licenses to use these trademarks.
19.3. The Intellectual Property Elements are made available to the User free of charge for the sole purpose of using the Services and within the framework of normal use of its features . This authorization to use the Intellectual Property Elements is personal, non-exclusive, and non-transferable. BePark may revoke this authorization 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 whatsoever is strictly prohibited.
19.5. Any use in any form whatsoever must be subject to prior written authorization from BePark.
19.6. In the event of non-compliant or abusive use of the Intellectual Property Elements, BePark reserves the right to take all legal measures necessary to stop the infringement of its intellectual property rights.
19.7. Any infringement may result in civil and/or criminal prosecution.
20.1. When using the Website, the Application, and the Services, links to websites owned and controlled by third parties may be provided in order to put the User in contact with these third parties, to purchase their goods or services, or to participate in their promotions. These links take the User away from the Website, the Application, and the Services and are not controlled by BePark. BePark is not responsible and cannot be held liable for the content and activities of these websites. Therefore, the User accesses, visits, and uses these websites at their own risk.
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.
21.1. Upon registration of the User with BePark and acceptance of these Terms and Conditions, an open-ended contract is formed between BePark and the User, whereby the latter may use the BePark Services.
21.2. Occasional Users may stop using BePark's Services at any time by permanently deleting the Application installed on their smartphone and closing their User account by following the instructions on the Website, with all usage not yet billed remaining due. The User will be able to cancel their reservation free of charge no later than 24 hours before the start of the parking spot reservation period.
21.3. Subscribing Users commit to a minimum period of one month from the first day of the month following the start of their subscription. Unless otherwise specified in the offer accepted by , the contract concluded with BePark is a one-month contract with tacit renewal. The Subscribing User may stop using the Services by terminating their subscription in their customer account. Any month that has begun is payable in full and the termination of the subscription is effective at the end of the period specified in the offer accepted by the Subscribing User or, if no mention is made in the offer, on the last day of the month in which it was notified to BePark. Similarly, BePark may terminate the Subscribing User's contract at any time, with termination taking effect at the end of the period specified in the offer accepted by the Subscribing User or, if no mention is made in the offer, on the last day of the month in which BePark notified the Subscribing User. The commitment periods and any associated discounts are determined in the offer chosen by the User. These Terms and Conditions do not impose any minimum commitment period other than that specified in the offer.
21.4. BePark may cease to provide the Services at any time, with immediate effect (by deactivating the ability to use the Application and Services) and without refund or compensation:
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 accounts due to lack of use and activation of the account for a period of one year and/or in the event that the registered User has violated these Terms and Conditions.
21.6. BePark may terminate the provision of the Services at any time, with immediate effect, in particular by deactivating access to the Application or the Services, when it deems it necessary for operational, technical, legal, or security reasons. This termination may occur even if the current period of use has already been billed. Provided that 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 amounts corresponding to the unused portion of the Services.
21.7. In the above cases, BePark may restrict and/or delete the User's account without prior notice, and BePark shall not be held liable for any loss of data resulting from the deletion of the registered User's personal account.
21.8. For badge-using parking, the termination of the User's subscription is effective upon receipt of the badge by BePark. The badge must be returned to the BePark address by registered mail with acknowledgment of receipt. Upon receipt of the badge, BePark Customer Support will terminate the subscription (on the last day of the current month) and notify the User by email.
22.1. The User guarantees that they will provide accurate 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. Such data is confidential. It will only be used by its internal services for the processing of reservations, for communication purposes, or in the context of personalizing the Website according to the preferences observed among members.
22.3. In the event of the transfer or use of personal data by third parties, BePark undertakes to inform the User in advance so that they can exercise their right to object. BePark may also provide consolidated statistics relating to its Users, reservations, the structure of exchanges, and information on the Website to trusted third parties, but these statistics will not contain any personal data. However, this article shall not prevent the transfer or assignment of activities to a third party.
22.4. In accordance with the General Data Protection Regulation (GDPR), the User has the right to access, control, rectify, and possibly completely delete their personal data. Any request in this regard can be managed either through the User's customer account, or via BePark's Customer Service by email or in writing to the following address: BePark S.A. 1050 BRUSSELS, Rue du Mail, 50 (Belgium) with proof of identity (photocopy of identity card). In accordance with the law, BePark nevertheless reserves the right to retain User data necessary for its operations and for the control thereof by approved institutions for a period of two years.
22.5. Requests for the deletion of personal data cannot be applied while a contract is in progress or pending. Such requests will not automatically be associated with a request to terminate a contract; contracts must first be terminated in accordance with the conditions described in point 21 of these Terms and Conditions.
22.6. The Website uses cookies. A cookie is a computer file stored on the hard drive of the user's computer that is used to indicate a previous visit by the user to the Website. Cookies are used by BePark, among other things, to personalize the service offered to users. Users may refuse cookies by configuring their Internet browser. However, they will then lose the ability to personalize the service provided to them by BePark.
22.7. Some website pages may sometimes contain electronic images or "web beacons," which allow us to count the number of visitors to the page. 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 is used simply to compile statistics on the use of certain pages on the Website, in order to better serve members.
23.1. BePark's failure to invoke a breach or failure by the User to fulfill any of their contractual or legal obligations shall not be interpreted as a waiver of the right to invoke such breach or failure.
23.2. BePark's failure to enforce any clause of these Terms and Conditions shall not constitute a waiver of the benefit of said clause.
24.1. Only Belgian law is applicable to the contractual relationship between the User and BePark. In the event of a dispute, only the French-speaking courts of the judicial district of Brussels shall have jurisdiction.
25.1. Only Users are authorized to park in the parking spots, in accordance with the conditions set out below.
25.2. The parking is accessible during the hours indicated on the Website. BePark reserves the right to withdraw the availability of the parking 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 authorized space intended for its type of vehicle (e.g., a car in a parking, a bicycle next to and attached to a bike rack provided for this purpose, etc.).
25.4. No persons or animals may be present in the vehicle while it is parked in the parking.
25.5. The owner of the parking is limited to providing parking spots to Users and therefore assumes no liability of any kind. Furthermore, BePark and the owner decline all liability, on any grounds 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, theft, or damage, even partial, that may occur during or as a result of the use of the parking lot, including, in particular, upon the arrival or departure of a User or during their stay in the parking lot.
25.6. BePark and the owner are authorized to remove from the parking any vehicles belonging to Users who do not have a permit, who do not comply with the time slots defined in Articles 2 and 3, or who park in inconvenient locations. BePark will then automatically debit the User's account for the cost of removing the vehicle without prior notice.
25.7. For any technical problems with the barriers or in case of emergency, the User shall contact the BePark help desk at the number indicated on the BePark signs inside the parking.
25.8. Any violation of BePark's internal rules or General Terms and Conditions by the User will result in their automatic exclusion from the Services without prior notice. In the event of exclusion, the User will not be entitled to a refund for any purchases made or current subscriptions.
25.9. LPG-powered vehicles are prohibited in parkings made available via BePark.
25.10. Specific rules for bicycle parking.
- One rack can accommodate two bikes, one on each side.
- The bicycle must be securely attached to the rack with a lock.
- Bicycles and their accessories must not obstruct other vehicles or passageways.
In the event of non-compliance with the above articles, the bicycle in question may be removed from the parking lot at the expense of the bicycle owner. Bicycles and cargo bikes that are not collected or claimed after a period of 30 days from the date of removal from the parking lot will be considered abandoned by their owner. BePark reserves the right not to be able to return the bicycle to its owner after this period.
25.11. BePark reserves the right to supplement the internal regulations with additional or amended provisions at any time when the User makes a reservation. In this case, the User will only be able to confirm the reservation after accepting the additional or amended provisions.
The French text of these Terms and Conditions is the only authentic text. If there are any discrepancies between the text written in another language and a translation into a foreign language, the text written in French shall prevail.