|Lees de Algemene Voorwaarden van Yellowbrick in het Nederlands|
General terms and Conditions – May 2018
1.1 In These general terms and conditions, the following definitions shall apply:
- ‘Yellowbrick’ is Yellowbrick B.V., the provider of the Yellowbrick system and the Yellowbrick service.
- ‘Customer’ is a private or business user of the Yellowbrick service, whether or not through a third party.
- ‘Provider’ is a party, other than Yellowbrick, which offers the Yellowbrick service or potentially under its own label (e.g. ANWB).
- ‘Yellowbrick service’ or ‘Service’ is the service consisting of a parking (billing) system for parking in designated area on the street and at Q-Park parking facilities, which allows the customer to register and pay parking time as provided by Yellowbrick collecting the payments on behalf of the municipality or the owners or operators of the car parks, as further explained in these terms and conditions and on the Yellowbrick website.
- The ‘Yellowbrick system’ is the platform used by Yellowbrick to provide the service.
- ‘Personal data' are all data that can be referred directly or indirectly to a natural person as referred to in Article 4 paragraph 1 of the General Personal Data Regulation, 2016/679.
1.2 These general terms and conditions can be found on the Yellowbrick website (www.yellowbrick.nl). Yellowbrick reserves the right to change these terms and conditions from time to time. Such a change is always mentioned on the website, where the changed conditions can also be consulted.
2. Use of the Yellowbrick Service
2.1 Notification to Yellowbrick
2.1.1. Registration to the service can be achieved on the street or online, when submitting the registration form on the website of Yellowbrick. Generally, after registration, the customer receives a first email with a confirmation of the registration and a second email with a customer number and a link through which the customer can create a password for a My Yellowbrick account and the Yellowbrick-Parking app. Within reasonable time after registration for the service and confirmation by Yellowbrick, the customer receives a P + pass, if desired. No additional costs will be charged for sending the P + pass. Yellowbrick reserves the right to refuse the registration of a customer, among others because Yellowbrick has terminated an earlier agreement with the customer pursuant to Article 5.2 or has blocked the customer's account based on Article 6.2 of these General Terms and Conditions, (for example, the customer has not fulfilled the payment obligations). The customer will not receive the above mentioned second email containing the customer number if he does not comply with article 8.1 of these Terms and Conditions.
2.1.2 The customer can sign in and out of parking actions in several ways, (also called: Start and stop): via his mobile phone by calling 0882742536, via the downloaded Yellowbrick-Parking app or online via the My Yellowbrick account of the customer. A parking transaction can also be automatically stopped by the Yellowbrick system if the end time (end of paid parking) is reached in the relevant zone or a duration constraint is applicable and it has expired. Upon notification, the customer must enter the zone code of the area in which the car is currently located. A more detailed procedure of the service and the steps to be taken by the customer to start and stop the transaction are described in the manuals, which can be found on the Yellowbrick website and which the customer should consult before using the use of the Service.
2.1.3 Any additional cost or possible damages that the customer suffers as a consequence of not starting or stopping a parking action on time, is fully atcustomer's expense and risk. The customer should always wait for the confirmation of the registration of the parking action via the Yellowbrick system before assuming that the parking action has been started or stopped. The customer can utilize my Yellowbrick to activate the SMS Reminder Service, which consists of sending an SMS reminder to the customer during the duration of the parking action reminding him that the parking action is still running. The customer is responsible for the payment of the SMS reminder Service costs, as mentioned on the website, these costs will be charged to the customer through the customer's telecommunications provider.
2.1.4 Parking fees can vary following possible variations in the municipal parking regulation(s). Yellowbrick and Provider are not responsible for the pricing – and control- policy applied by the local government.
2.1.5 All Yellowbrick communications, (invoicing and payments reminders, etc.), take place via email, the only exception is the P + pass.
2.1.6 The customer can also use the service through a Provider by registering via the relevant provider. This Provider may apply additional conditions for the use of the service by the customer, those conditions shall have to be communicated to the customer.
3. Parking at Q-Park parking facilities
3.1 The customer must activate the P + pass at least two days before the first use, via my Yellowbrick. Parking actions at Q-Park can only be started and stopped using the P + pass. By using the P + pass in the parking facilities of Q-Park, the customer agrees to the terms and conditions of Q-Park, which can be consulted on www.q-park.nl. The rates for parking at Q-park facilities are determined by Q-park and subject to changes by Q-Park. Yellowbrick provides information of these rates on its website, however the Q-Park website is leading.
4. Customer obligations
4.1 It is the customer's responsibility to:
- Use the service only in those municipalities participating to 'mobile parking '. The list of participating municipalities can be found on the Yellowbrick website;
- To activate number recognition on his mobile phone when starting and stopping parking actions by telephone;
- To enter the correct licence plate at any time before starting a parking transaction;
- The customer can easily change the licence plate via my Yellowbrick or the Yellowbrick-Parking app, for example when the customer uses a new car or a rental car;
- To download and utilize the latest version of the Yellowbrick-Parking app, when the customer starts and stops his transactions through this parking app. Yellowbrick is not responsible for any error deriving from the use of an older version of the Yellowbrick-Parking app;
- To digit the correct zone code of the parking area where the Customer is parked. This zone code can be found on parking machines or on separate signs in the relevant parking area. The use of the GPS functionality on the Yellowbrick parking app is entirely at risk of the Customer;
- To immediately stop a parking action in the event of a breakdown in the Yellowbrick systems or in the systems of the Provider or networks of third parties if the Customer has an ongoing parking action: through the Yellowbrick parking app, via internet parking or by calling number 088-2742536 or the emergency number 0900-2007999. If this fails, the Customer shall contact the Yellowbrick Customer Service as soon as possible on 0900-2006999 or via firstname.lastname@example.org. Upon receipt of the report by the Customer, Yellowbrick will attempt to stop the parking action. If the Customer is temporarily unable to use the Service, he will have to pay the parking tax due in another manner, such as by buying a ticket at the parking-meter.
- To immediately block the P + pass via My Yellowbrick in case of loss or theft of the P + pass. The Customer must contact the Customer Service of Q-Park via 0900-4466880 to stop any ongoing parking actions;
- To provide a valid and working email address always and amend/update his personal data (such as license plate, mobile number, or new credit card details) immediately via My Yellowbrick or by contacting Customer Service via 0900-2006999 of via email@example.com. Yellowbrick is not responsible for any damage (including additional tax by the municipality) that the Customer suffers as a result of the fact that Yellowbrick does not have the correct / updated information.
- To ensure that the correct payment details are included in My Yellowbrick, including a working bank account number or credit card number where the payments due can be debited by Yellowbrick, no debit block or similar restrictions should apply to these accounts.
5. Termination of Service
5.1 By the customer
5.1.1 The customer can terminate the agreement by completing and sending the appropriate form on the Yellowbrick website, namely the cancellation form, quoting the customer number. The termination will be in effect on the following Monday, two weeks after receipt by Yellowbrick of the email or the customer's online form.
5.1.2 The customer also has the legal right to terminate the agreement with Yellowbrick with immediate effect within 14 days after the conclusion of the contract by completing and sending the notice form. Any subscription fees paid by the customer will be refunded by Yellowbrick. Costs related to the use of the service by the customer (parking and transaction costs and proportionate registration and subscription fees) until the date of termination shall not be refunded. The customer must return the P + pass within fourteen days after dissolution to Yellowbrick.
5.2 by Yellowbrick
5.2.1 Yellowbrick has the right to terminate the agreement with the customer with immediate effect if the customer does not comply with his obligations under the Agreement, including these terms and conditions. Yellowbrick retains this right, inter alia, when the customer fails to pay the fees owed under this agreement. The termination by Yellowbrick takes place by via an email to the customer. Yellowbrick reserves the right to recover any damage that Yellowbrick has suffered as a result of non-compliance by the customer to his obligations under the Agreement, such as, inter alia, parking, transaction costs and Subscription fees.
5.2.2 Yellowbrick also has the right to terminate the agreement with the customer in accordance with a notice period of 1 month. Termination by Yellowbrick takes place by email to the customer.
5.2.3 If the customer has not used the service for 18 months or longer, Yellowbrick reserves the right to terminate the my Yellowbrick account of the Customer, after this the customer will no longer be able to use the service. If the customer wishes to use the account again, Yellowbrick can activate the account again at any time, upon request. The Customer should then submit a request via firstname.lastname@example.org.
5.2.4 If the customer uses the service through a provider, the agreement between the customer and the provider may contain additional provisions regarding the termination of the agreement between Yellowbrick and the customer.
6. Tariffs and payment
6.1 Details of the cost of the service (including amounts per transaction, subscription fees, charges of the SMS reminder Service or administration fee) can be found on the Yellowbrick website. In case the customer starts or stops parking transactions via the mobile phone, the costs for calling the Yellowbrick (service) numbers are always for the customer's own account. These rates can be found on the Yellowbrick website. Yellowbrick has the right to adjust the tariffs and will inform the customer about this by email two weeks in advance. The customer has the possibility to terminate the agreement with Yellowbrick when the customer opposes the change of tariff.
6.2 Yellowbrick periodically sends invoices to customers via email. These invoices specify all costs for the service and the parking fees payable. The parking times registered in the Yellowbrick system determine the amounts owed by the customer to Yellowbrick. Upon registration, the customer authorizes Yellowbrick to collect all due invoices periodically by means of continuous direct debit of the bank account specified by the customer or by collecting the amounts through the specified credit card. The customer is obliged to have sufficient balance on his bank account or credit card, and not to have any form of debt block activated on his bank account. Where the amounts due cannot be written off from the specified bank account or credit card, Yellowbrick is authorized to charge additional administration fees. In addition, Yellowbrick is entitled to engage a third party for (credit)collection, whereas the collection costs and interest on the outstanding amounts will be borne by the customer. Yellowbrick will also block the My Yellowbrick account and the Yellowbrick-Parking app and any subscription from the customer.
6.3 In case of loss of P + pass, or when this is damaged during use, the customer shall request a new P + pass via my Yellowbrick to continue using the service. The costs for the replacement P + pass is listed on the website of Yellowbrick and will be charged to the customer.
7.1 Yellowbrick cannot guarantee that the Yellowbrick system and the service will always work without problems or issues. The liability of Yellowbrick is limited to the direct damage that the customer suffers because of a failure in the Yellowbrick system or in the service, during the parking transaction (i.e. a parking penalty or an incorrect excessive payment of the parking tax), up to a limit of €50 for each single episode, provided that the customer can demonstrate having taken all reasonable steps to limit this damage. Yellowbrick excludes any liability for any other damages, such as indirect or consequential damages, which the customer suffers from using, or for not having been able to use the service or the Yellowbrick system.
7.2 Yellowbrick also excludes any liability for direct and indirect damage resulting from the failure or malfunction of the mobile (telephone) network or other (mobile internet) network or equipment and services of third parties that the customer utilized in the context of the service of Yellowbrick, including also includes damage resulting from loss or theft of P + pass.
8. Data processing and Privacy
8.1 In order to be able to deliver the Service to the Customer, Yellowbrick will process Personal Information of the Customer. This is done, in the framework of the agreement and for its execution, in order to provide better (online) service and, where necessary, to comply with legal obligations, but also for marketing purposes, (provided permission has been granted), to organize the Yellowbrick business processes more efficiently, or to prevent fraud, (for example when a Customer tries to register again while Yellowbrick has terminated an earlier agreement with this Customer because this Customer has acted in violation of the General Terms and Conditions).
8.2 Yellowbrick always processes these Personal Data in a proper and careful manner and in accordance with the provisions of the General Data Protection Regulation and the local application thereof.
8.3 Yellowbrick takes the necessary technical and organizational measures to protect the Personal Data against loss or any other form of unlawful processing, taking into account the state of the art and the nature of the processing.
8.4 The Personal Data made available by the Customer to Yellowbrick will only be processed in the context of Yellowbrick own business activities and to give execution to the Agreement with the Customer.
8.5 In all cases in which Yellowbrick shares Personal Data of a Customer, the Provider will also process personal data of the Customer. In this case, the Provider will inform the Customer about how it handles his personal information. The Customer will have to check the Provider's website for information regarding the processing of Personal Data.
9.1 Dutch law governs the General Terms and Conditions. Disputes relating to the service will be submitted to the competent court in Amsterdam.
10.1 For questions about these terms and conditions, the customer may contact Yellowbrick using the following contact information:
Yellowbrick B.V. (Chamber of Commerce number: 32114462)
H.J.E. Wenckebackweg 80
1114 AD Amsterdam – Duivendrecht