EASYPARK – GENERAL TERMS AND CONDITIONS FOR CONSUMERS

Effective as of 1 August 2023

1 Applicability

1.2 All Services are provided in accordance with mandatory law and in accordance with: • any terms and conditions individually agreed between EasyPark and the Customer; and • these General Terms and Conditions.

In case of deviation between the abovementioned provisions, they shall take precedent in the abovementioned order.

1.3 The Services are directed to natural persons above 18 years of age.

1.4 Section 16 includes special provisions governing the use of EasyPark services abroad. 1.5 By applying for registration with EasyPark (see section 3.2), the Customer agrees with and accepts to be bound by these General Terms and Conditions. A binding agreement between EasyPark and the Customer (the “Agreement”) arises when EasyPark has confirmed the Customer’s registration and the Customer gains access to the Services provided by EasyPark in Belgium and, subject to section 16, the Services provided by EasyPark and the Local EP Services provided by a Local EP Company outside of Belgium.

1.6 These General Terms and Conditions form part of the Agreement between EasyPark and the Customer.

1.7 If the Customer also has a business user account with EasyPark, EasyPark’s from time to time applicable general terms and conditions for business customers apply in applicable parts to the Customer’s business related use of any services provided by EasyPark.

1.8 If the Customer has authorised, permitted or otherwise made the Customer’s EasyPark account available for someone else to use, the Customer bears full responsibility under the Agreement for such use (including, for the avoidance of doubt, the obligation to pay any accrued fees).

2 Definitions

In these General Terms and Conditions, and in connection with the Services, defined terms and expressions shall have the meaning set forth below:

“Additional Service” shall have the meaning set forth in section 3.1.1;

“Agreement” shall have the meaning set forth in section 1.5;

“App” means EasyPark’s Mobile phone application;

“Automatic CameraPark” shall have the meaning set forth in section 4.1.2;

“CameraPark” shall have the meaning set forth in section 4.1.2;

“CameraPark System” shall have the meaning set forth in section 4.1.2;

“Car App” means EasyPark’s application to be used in the infotainment system of certain types of vehicles (excluding, for the avoidance of doubt, when the App is displayed on the vehicle’s display based on a mirroring or casting application such as Apple CarPlay or Android Auto); “Charging Fee” means the fee payable by the Customer in relation to a Charging Session, corresponding to and being calculated based on the length of the relevant Charging Session multiplied with the charging fee generally applied by the relevant P-operator or Partner in relation to the relevant Charging Station from time to time;

“Charging Station” shall have the meaning set forth in section 5.1.5;

“Charging Service” shall have the meaning set forth in section 3.1.1;

“Charging Session” means a single, continuous charging session ordered by the Customer using the EasyPark System, during which the Customer’s vehicle is charged at the relevant Charging Station; “Customer” shall have the meaning set forth in section 1.1;

“EasyPark” shall have the meaning set forth in section 1.1;

“EasyPark Card” means the pass, which EasyPark may provide to the Customer, and which is applicable in relation to certain Parking Lots, provided that the relevant P-operator accepts such passes;

“EasyPark System” shall have the meaning set forth in section 3.1.1, i.e., EasyPark’s electronic system for modern parking and related services, which the Customer gains access to via the App, the IVR Service, the SMS Service, the Car App and/or the Website;

“EP Country” shall have the meaning set forth in section 16.1;

“EP Services” shall have the meaning set forth in section 16.1;

“General Terms and Conditions” shall have the meaning set forth in section 1.1; “IVR Service” means EasyPark’s interactive voice response service;

“Licence Plate Number” means the official registration number or personal licence plate number, as the case may be, of a vehicle, as set forth on the licence plates that are mounted to the vehicle; “Local EP Company” shall have the meaning set forth in section 16.2;

“Local EP Services” shall have the meaning set forth in section 16.2;

“Login Credentials” shall have the meaning set forth in section 3.2.5;

“My Pages” shall have the meaning set forth in section 3.2.5;

“Mobile phone” means a mobile phone or a tablet;

“Parking Fee” shall have the meaning set forth in section 4.1.5;

“Parking Guidance Service” shall have the meaning set forth in section 3.1.1; “Parking Lot” shall have the meaning set forth in section 4.2.1;

“Parking Service” shall have the meaning set forth in section 3.1.1;

“Party” and “Parties” means EasyPark and/or the Customer;

“Partner” means any partner, which EasyPark co-operates with (however, excluding P-operators);

“P-operator” means any parking operator, which EasyPark co-operates or otherwise maintains a contractual relationship with;

“Product Package” shall have the meaning set forth in section 3.1.4;

“Service/-s” shall have the meaning set forth in section 3.1.1;

“SMS Service” means EasyPark’s SMS service; and

“Website” means EasyPark’s website https://easypark.be/.

3 General Terms and Conditions for the Services

3.1 General

3.1.1 EasyPark provides an electronic system for modern parking (the “EasyPark System”), through which EasyPark, in co-operation with P-operators and other Partners, enables Customers to administrate parking of vehicles (the “Parking Service”) and to access additional related services that may be made available (each an “Additional Service”), such as charging of electric vehicles (the “Charging Service”), receiving parking guidance (the “Parking Guidance Service”) and other functions. The Parking Service and the Additional Services, as well as other services provided by EasyPark from time to time to Customers are jointly referred to as the “Services”.

3.1.2 The Services offered by EasyPark are often dependent upon, or provided in combination with, services offered by P-operators and Partners. Such third parties may have their own applicable rules, regulations and/or terms of service. The Customer is required to accept and comply with such rules, regulations and/or terms of service, as the case may be, in connection with its use of the Services. EasyPark is not responsible nor liable for the services offered by P-operators and Partners, or, without prejudice to section 7.2, for providing such applicable rules, regulations and/or terms of service. Please contact the P-operator or Partner to receive information in this regard.

3.1.3 For a more detailed description of the Services, reference is made to the information provided on the Website from time to time.

3.1.4 EasyPark offers a selection of product packages (each a “Product Package”) including the Parking Service and Additional Services, if applicable, whose contents, prices and any special terms and conditions, are described on the Website and as may be amended from time to time.

3.2 Access to the Services, registration data, etc.

3.2.1 A pre-condition for the Customer to gain access to the Services is that the Customer registers as a user with EasyPark. EasyPark reserves the right to reject an application for registration, such right not to be exercised unreasonably.

3.2.2 The EasyPark account provides an overview of the account balance, transaction history, purchased active and historical products and registered vehicles. EasyPark provides information regarding parkings and Charging Sessions made on the Customer’s My Pages, and such information is generally stored for at least twelve months.

3.2.3 An application for registration can be made via the Website, the App, telephone, SMS, or in such other ways as accepted by EasyPark from time to time. In connection with the application for registration, the Customer shall select a Product Package and provide requested information, such as further specified personal data, valid mobile phone number, email address, and the Licence Plate Number for at least one vehicle. Furthermore, the Customer shall select a payment method accepted by EasyPark, and register a payment card, or, as applicable, provide other information relevant for the selected payment method.

3.2.4 When the registration has been approved, the Customer is granted a non-exclusive and non transferable right, which is limited in time and not sub-licensable, to use the EasyPark System, the Services and – if applicable – the App and the Car App, subject to the selected Product Package and the Agreement. The right to use the EasyPark System and, if applicable, the App and the Car App, remains during the term of the Agreement and for as long as the Customer has an active user account and discharges its duties under the Agreement (including these General Terms and Conditions) and EasyPark has not suspended the Customer’s use of the Services in accordance with section 12.3. An active user account is an account that has had an active transaction in the previous 24 months, for example a parking or a subscription fee.

3.2.5 When a registration has been approved, the Customer chooses a unique password to be used together with the Customer’s telephone number and/or email address, and receives a verification code to log on to the App or the Car App (together, the “Login Credentials”). The Login Credentials also enable the Customer to log on to the Customer’s personal website on the Website (“My Pages”).

3.2.6 Certain Services offered through the App or the Car App require that the Customer has enabled the function “allow location access” and/or “allow notifications” on its Mobile phone, vehicle or other technical solutions approved by EasyPark from time to time. EasyPark reserves the right to not provide such Services where the Customer has not enabled these functions as required by it.

3.3 The Customer’s undertakings and responsibility

3.3.1 The Customer is responsible for procuring that accurate information regarding the Customer and relevant vehicles is registered with EasyPark at any time. Following approval of the registration, the Customer shall log on to its My Pages or check the settings in the App or Car App, as applicable, to verify that the registered information is accurate. EasyPark is not liable for erroneous registered information, regardless of registration method, unless otherwise provided in section 10.

3.3.2 The Customer is responsible for ensuring that the payment card registered through EasyPark, or any other selected payment method, as applicable, is and remains valid, not blocked and that the associated payment account, if any, has sufficient balance/spending limit. The Customer shall provide EasyPark with relevant information (e.g., through update of its personal information in the App or on My Pages, or by notifying EasyPark’s customer service) regarding a new payment card at the latest by the end of the calendar month preceding the calendar month when the registered payment card expires.

3.3.3 The Customer is responsible for procuring that the Login Credentials are kept and used in a safe manner, and not disclosed or otherwise made available to any unauthorised person.

3.3.4 The Customer shall without delay inform EasyPark, as instructed from time to time on the Website (e.g., through update in the App or on My Pages, or by notifying EasyPark’s customer service), if:

the Customer has any reason to believe that an unauthorised person has gained access to or knowledge of the Login Credentials;
the Customer’s EasyPark Card has been lost or stolen;
any registered information regarding the Customer has changed or should be updated, for example when the Customer is no longer using the mobile phone number registered with EasyPark;
the Customer has any reason to believe that the Licence Plate Number of a vehicle registered for use of Automatic CameraPark (as defined below) is misused;
a Mobile phone, on which the Customer has installed the App, or a vehicle in which the Customer has installed the Car App, is lost or stolen; or
a registered vehicle has been sold, temporarily deregistered, or otherwise will not be used in relation to the Services,

in order for EasyPark to take appropriate measures, such as blocking the Login Credentials, the EasyPark Card, the Licence Plate Number and/or the Customer’s user account or update the Customer’s registered information.

The Customer shall also keep EasyPark notified of any other circumstances of importance to the Agreement and/or the provision of the Services.

3.3.5 In addition to what is set out in the Agreement, the Customer shall comply with any reasonable instructions given by EasyPark from time to time in relation to the Agreement and/or its use of the Services.

3.3.6 The Customer is responsible for procuring that the (a) telephone, (b) Mobile phone, or (c) other technical equipment (e.g., a vehicle’s infotainment system) used by the Customer in relation to the Services functions properly and is compatible at all times with (i) the EasyPark System, (ii) the Services, (iii) the App, and (iv) the Car App, as applicable. The Customer is also responsible for procuring that the App and the Car App are duly updated, if applicable. The performance requirements applicable from time to time in relation to the EasyPark System, the Services, the App and the Car App, are available on the Website.

4 Special terms and conditions for the Parking Service

4.1 General

4.1.1 Through the Parking Service, the Customer is able to administer its parking by registering in the EasyPark System when a parking starts, the preliminary parking time and when a parking ends, and, if necessary, extend the parking time. However, due to rules established by a particular P-operator, the Customer may in relation to certain Parking Lots only be able to notify the P-operator of a fixed parking time, which cannot be prematurely ended or extended, or a minimum parking time.

4.1.2 In relation to certain Parking Lots, access may be granted and a parking may be started and/or ended with the help of a P-operator’s automatic number plate recognition system (the “CameraPark System”), whereby the time a vehicle enters and leaves a Parking Lot is automatically registered and, if applicable, forwarded to the EasyPark System (“CameraPark”). If the CameraPark System is fully automated (“Automatic CameraPark”), a parking is activated automatically in the EasyPark System when the relevant vehicle enters the Parking Lot, whereby the Customer receives a notification in the App, and is ended automatically in the EasyPark System when the vehicle leaves the Parking Lot. If the CameraPark System is not fully automated, the Customer must activate a parking manually in the EasyPark System (e.g., through the App), whereby the start time automatically will be set to the time when the relevant vehicle entered the relevant Parking Lot, but the parking is ended automatically in the EasyPark System when the vehicle leaves the Parking Lot.

4.1.3 The CameraPark Systems are provided and maintained by the P-operators and not by EasyPark. EasyPark does not provide any technical support in relation to the CameraPark System; instead the Customer is referred to the relevant P-operator.

4.1.4 The Parking Service may also be used for residential/permit parking, provided that the relevant P operator accepts this. When using the Parking Service for residential/permit parking, the Customer needs a residential/parking permit provided by the Customer’s municipality. The Customer is responsible for procuring that it holds a relevant residential/parking permit. When using the Parking Service for residential/permit parking, the Customer can only notify the P-operator through the EasyPark System of a fixed parking time, which cannot be prematurely ended.

4.1.5 The Parking Service also includes, as applicable, (i) the purchase and resale to the Customer by EasyPark of the right to park in a certain parking spot from the relevant P-operator and/or (ii) the collection by EasyPark of the payment of the relevant parking fee (including VAT), which is determined on the basis of the P-operator’s current tariff (the “Parking Fee”).

4.1.6 In connection with the Parking Service, EasyPark offers certain Additional Services and functions (some at additional costs depending on the Product Package). For example, the Customer may choose to receive a reminder from EasyPark (e.g. via SMS) at a certain time before a preliminary set or fixed parking time ends. The Customer is always responsible for ending or extending a parking session that has been started via the Parking Service, irrespective of whether the Customer has chosen to receive a reminder and irrespective of whether the reminder is actually received.

4.2 Terms of use

4.2.1 The Parking Service can only be used at parking lots and within parking areas/zones (each a “Parking Lot”), which:

(i) at any given time are (a) specified in the list “EasyPark works here”, which is available on the Website, or (b) indicated in the App’s or the Car App’s map interface; and/or

(ii) have parking meters with EasyPark stickers, or otherwise have signs or other EasyPark distinctive marks, which indicate that EasyPark co-operates with the P-operator in relation to the relevant Parking Lot.

4.2.2 To be able to use the Automatic CameraPark service in relation to a particular vehicle, the Customer must activate the Automatic CameraPark service for such vehicle, via the App or My Pages, and register the vehicle’s Licence Plate Number. The Customer is responsible for specifying the correct Licence Plate Number. If the Customer also has a business user account with EasyPark, it must select which account any Automatic CameraPark parking shall be registered to.

4.2.3 The Customer can start a parking session through the Parking Service by activation via either:

the App;
the Car App;
the IVR Service;
the SMS Service;
the CameraPark System, provided that the relevant P-operator supports Automatic CameraPark; or
the EasyPark Card, provided that the relevant P-operator accepts the EasyPark Card. In order to make sure that the parking has started correctly, the Customer shall check that a confirmation of the started parking has been received via:
the App, when using the App;
the Car App, when using the Car App;
the interactive voice response/a SMS receipt, when using the IVR Service;
SMS, when using the SMS Service;
the App, when using CameraPark; or
registration of the EasyPark Card in a correct manner, when using such card.

4.2.4 If the Customer starts a parking session through the Parking Service, the Customer shall specify the parked vehicle’s Licence Plate Number and the relevant Parking Lot, unless an EasyPark Card or Automatic CameraPark is used. If the Customer uses the App’s or the Car App’s positioning function or CameraPark, the Customer shall ascertain that the proposed Parking Lot is in fact the Parking Lot on which the Customer has parked. The Customer is responsible for specifying the correct Parking Lot and Licence Plate Number, irrespective of whether such information has been proposed through the App’s or the Car App’s positioning function or through the use of Automatic CameraPark. EasyPark assumes no liability if the wrong Parking Lot or Licence Plate Number has been specified (see section 10.4a)).

4.2.5 When using the Parking Service for residential or permit parking the Customer shall have a residential/parking permit attached to the front window of the parked vehicle if required by the relevant P-operator. Please contact the P-operator to receive information on whether a visible residential/parking permit is required.

4.3 The Customer’s undertakings and responsibility

4.3.1 The Customer shall always comply with applicable laws and regulations, and the rules established by the relevant P-operator at any given time, or which are otherwise applicable in relation to the Parking Lot where a Customer parks the vehicle.

4.3.2 The Customer is responsible for starting the parking correctly and ascertaining that the specified Parking Lot and Licence Plate Number are correct, as set forth in Section 4.2.4.

4.3.3 The Customer is responsible for procuring that a started parking session is ended or extended as the case may be. If the Customer did not state a preliminary end time or a total fixed parking time when the parking was started, the Customer is responsible for ending the parking session manually through the Parking Service (for example through the App or the Car App). If the Customer is using CameraPark, it shall check that a started parking has ended when the relevant vehicle leaves the relevant Parking Lot, and end such parking manually, if it has not ended automatically.

4.3.4 If the Customer is using CameraPark, the Customer is responsible for procuring that the relevant vehicle’s number plates are clean, not damaged and otherwise in a readable condition when the vehicle enters and leaves the Parking Lot.

4.3.5 If the Parking Service is not available or is out of function, for example due to reasons attributable to the (i) telephone, (ii) Mobile phone or (iii) other technical equipment (e.g., a vehicle’s infotainment system) used by the Customer, or failure, disruption or delay in telephone, Internet, other communication network, or a CameraPark System, the Customer is responsible for making proper payment for the relevant parking session to the P-operator in any other way instructed by the P operator (e.g., by payment in relevant parking meter). If the Customer in such a case does not make payment in any such other way, the Customer risks to be issued a parking fine, or a fee or a charge for incorrect parking.

4.3.6 The Customer is responsible for deactivating the Automatic CameraPark service in relation to a vehicle, if the Customer no longer wants to use such service in relation to such vehicle (e.g., if the vehicle has been sold, or, in respect of lease and rental cars, when the relevant rental or lease period has ended).

4.3.7 The Customer is responsible for any parking fines and fees or charges for incorrect parking (which may be notified or collected in connection with parking violations), and the payment thereof. Any parking violation is a matter between the Customer and the relevant P-operator or the police authority. EasyPark remains neutral in such disputes. However, EasyPark may at its sole discretion and extent, in accordance with applicable law, provide information to the disputing parties.

5 Special terms and conditions for the Charging Service

5.1 General

5.1.1 Through the Charging Service, the Customer is able to notify any relevant Partner or P-operator, or EasyPark (when EasyPark acts as a reseller, as further described in Section 5.1.3), as applicable, (a) when a Charging Session is started or ended, (b) of the preliminary charging time/level, and (c), if necessary, of an extention/increase of the charging time/level.

5.1.2 The terms and conditions for the Parking Service set forth in section 4, apply mutatis mutandis to the Charging Service. However, started and ended parking shall, respectively, mean started and ended Charging Session. No residential/permit parking and no system corresponding to CameraPark exist in relation to the Charging Service.

When a Customer is charging an electric vehicle and starts a Charging Session, from such time and until the Charging Session has ended; EasyPark will i) buy relevant electricity or charging time from the relevant P-operator or Partner, and ii) re-sell the relevant electricity or charging time to the Customer. The re-sale of the electricity or charging time will occur at the same fee as the Charging Fee, subject to application of EasyPark’s surcharge for rendering the Charging Service in accordance with section 7.

5.1.4 If EasyPark does not function as a reseller, EasyPark will collect the relevant Charging Fee (including VAT, if applicable) from the Customer and transfer the amount to the relevant P-operator or Partner. 5.1.5 Charging stations are provided and maintained by Partners and/or P-operators, and not by EasyPark. EasyPark assumes no responsibility for the charging station used or the electricity consumed by the Customer in connection with the Charging Service (the “Charging Station”), and does not provide any technical support in relation to the Charging Station. If a Charging Station does not function properly or, e.g., has caused damage to the Customer’s vehicle, the Customer is referred to the relevant Partner or P-operator. Contact details are usually available at the Charging Station, but may also be retrieved from EasyPark’s customer service.

5.2 The Customer’s undertakings and responsibility

5.2.1 The Customer shall always comply with applicable laws and regulations, and the rules established by each relevant Partner or P-operator at any given time, or which are otherwise applicable in relation to the Customer’s charging of the vehicle.

5.2.2 If the Charging Service is not available or is out of function, for example due to reasons attributable to the (i) telephone, (ii) Mobile phone or (iii) other technical equipment (e.g., a vehicle’s infotainment system) used by the Customer, or failure, disruption or delay in the telephone, Internet, or other communication network, the Customer is responsible for making proper payment for the relevant Charging Session to the relevant Partner or P-operator in any other way instructed by such Partner or P-operator.

5.2.3 The Customer is responsible for any damage caused by the Customer, the Customer’s vehicle or other property pertaining to the Customer in connection with the charging of the Customer’s vehicle, unless otherwise provided in section 10.

6 Special terms and conditions for the Parking Guidance Service

6.1 Through the Parking Guidance Service, the Customer may receive proposals regarding available Parking Lots and/or Charging Stations close to the Customer, through the App’s positioning function or other technical solution approved by EasyPark from time to time which is compatible with the Parking Guidance Service.

6.2 The Parking Guidance Service requires that the Customer uses the App and has enabled the functions “allow location access” and/or “allow push notifications” on its Mobile phone or other technical solutions approved by EasyPark from time to time.

6.3 EasyPark does not guarantee that the Parking Lots/Charging Stations as proposed by the Parking Guidance Service are actually available, nor that the Parking Guidance Service shall always accurately guide the Customer to such Parking Lot/Charging Stations.

7 Prices and fees

7.1 Irrespective of the Customer’s obligations under sections 4.3.3, 4.3.6 and 5.2.2, the Customer is discharged from its obligation to pay the Parking Fees and/or Charging Fees (as applicable) to the relevant Partner or P-operator, upon payment of the Parking Fees and/or Charging Fees to EasyPark.

7.2 Prices and fees for relevant Product Packages, Additional Services and other additional functions are set forth in EasyPark’s price list applicable from time to time, which is available on the Website. All prices and fees include VAT. Parking Fees and Charging Fees if any, are in addition to and not included in EasyPark’s prices and fees. For Customers using the App or the Car App, EasyPark will provide information regarding the basis for calculating the Parking Fee or Charging Fee, as the case may be, in the App or the Car App, as applicable.

7.3 EasyPark’s pricing model for the Product Packages currently consists of a non-recurring fee when registration of a Customer account is approved, and/or, depending on the Product Package selected by the Customer (which primarily is driven by the Customer’s parking requirements), consists of (i) only a fixed monthly fee, (ii) a fixed and/or percentage surcharge to the relevant Parking/Charging Fees and a fee per use of Additional Services, i.e., no fixed monthly fee, or (iii) a combination of a fixed and/or percentage surcharge to the relevant Parking/Charging Fees, a fee per use of Additional Services and a fixed monthly fee. Separate fees may be charged for Additional Services (such as the Parking Guidance Service) and other additional notifications and functions, which are not included in the relevant Product Package.

7.4 Additional Services, which currently are included in the Product Packages, or any new services, may in the future be subject to separate fees.

7.5 EasyPark reserves the right to change its prices and fees. Such changes will be notified to the Customers within 30 days before becoming effective. Customers have the right to terminate the Agreement within that period in accordance with section 12.2.

8 Payment terms, etc.

8.1 Payment is made either by charging the Customer’s registered payment card, or by any other payment method approved by EasyPark from time to time. The Customer selects and approves of the payment method in connection with its application for registration. For information regarding additional payment terms applicable to each respective payment method, reference is made to the relevant payment service provider.

8.2 The fixed monthly fee is charged monthly in advance and is refundable only in case of a termination of the Agreement by EasyPark for reasons other than a breach by the Customer of any of its obligations under the Agreement or an event of force majeure. Other prices and fees (except for what is set forth in section 8.3) are charged in accordance with the payment method selected by the Customer after the starting or ending of the relevant Service. The Customer hereby approves such charging.

8.3 Parking Fees, Charging Fees, and EasyPark’s surcharge, if applicable in accordance with the Product Package selected by the Customer are charged after the Services have been provided to the Customer. 8.4 If payment is not made on time, EasyPark is entitled to charge a penalty interest fee of 1 per cent per annum, from the due date until the time payment has been made in full. Further, EasyPark is entitled to compensation for costs associated with collection of due amounts (such as late payment reminders or debt collection demands). Mutatis mutandis the Customer is entitled to a similar penalty fee to the extent that EasyPark does not fulfil its payment obligations against the Customer, if any. 8.5 EasyPark reserves the right to invoice the registered owner of the vehicle used for the unpaid transactions should the Customer’s regular method of payment fail.

9 The availability of the EasyPark System, intellectual property rights, etc.

9.1 Without prejudice to section 12.4, the EasyPark System and Services are under continuous development and may be updated or changed from time-to-time or discontinued. However, the updates or changes referred to under this clause 9.1 shall not affect the essential features of the EasyPark System and Services.

9.2 The EasyPark System is generally available 24 hours a day, but the availability may be interrupted due to planned upgrades, modifications and maintenance or due to unexpected system failures. The Customer acknowledges that software can never be tested in all possible situations and that deviation from agreed functionality and unexpected errors and disruptions may occur. EasyPark reserves the right to update the EasyPark System with new functions or otherwise modify it in order to, for example, adapt it to new technology, new security standards or new administrative procedures.

9.3 All copyright (including the right to computer programs, source codes, object codes and algorithms) and other intellectual property rights (including trademarks, databases, trade secrets and patent rights) relating to the EasyPark System and its contents are owned by or licensed to EasyPark or its suppliers and partners. No such rights are transferred to the Customer by the virtue of this Agreement. It is not allowed to use, or to grant others a right to use, the EasyPark System or its contents for marketing or other commercial purposes without the express consent of EasyPark. The Customer does not have any right to copy, distribute, sell, publish, transfer, lend, sub-license, modify, or otherwise dispose of or take any action regarding the software included in the EasyPark System. The Customer does not have any right to engage in reverse engineering, decompilation, disassembling or in any way attempt to access the software’s source code. In addition to the Customer’s right to information pursuant to section 3.2.2, the Customer has no right - by itself or through others - to collect and store data from the App, the Car App and the Website.

9.4 The Customer shall ensure that all information and materials which are transferred to the EasyPark System are free from damaging elements or source code or malware (such as viruses, worms and Trojan horses). It is the responsibility of the Customer that any information which the Customer uploads to My Pages or makes available via the App or the Car App does not infringe any third party’s intellectual property or other rights and is not in conflict with any law or regulation.

10 EasyPark’s liability

10.1 EasyPark’s aggregate liability shall in no event exceed an amount equivalent to EUR 5,000, except if EasyPark has acted wilfully (opzet/intention) or grossly negligent (grove fout/faute grave). EasyPark cannot exclude its liability in relation to the performance of its obligations by any agent or sub contractor.

10.2 Nothing in these General Terms and Conditions shall exclude liability of EasyPark for gross negligence and wilful misconduct, or death and personal injury caused by EasyPark’s negligence, or any other type of liability which cannot be excluded or limited under applicable law.

10.3 EasyPark is not liable for:

a) loss or damage to the Customer’s vehicle or other properties while using any Parking Lots or Charging Stations;

b) the services offered by P-operators or Partners; or

c) indirect, special or consequential damages such as, e.g., loss of profits.

10.4 Further, EasyPark is not liable for any damage or loss incurred by the Customer caused by: a) the Customer’s fault (fout/faute) or negligence (nalaten/omission), including that the Customer has (i) not correctly started or ended a Service (irrespective of whether the Customer has selected to receive a reminder from EasyPark or used CameraPark); (ii) not heeded information received from EasyPark or any relevant P-operator or Partner; or (iii) when starting a parking specified the wrong Licence Plate Number or Parking Lot (irrespective of whether such information has been entered manually or after a proposal made by the positioning function in the App or the Car App or through the use of Automatic CameraPark);

b) the Customer not having discharged its duties under the Agreement or otherwise not complied with EasyPark’s reasonable instructions;

c) the Customer having parked its vehicle in violation of applicable laws, regulations, and/or rules established by the relevant P-operator or which are otherwise applicable in relation to the Parking Lot where the Customer parks the vehicle;

d) error or insufficient functionality (such as the equipment being switched off or having a discharged or dead battery) relating to the Customer’s (i) telephone, (ii) Mobile phone or (iii) other technical equipment (e.g., a vehicle’s infotainment system), which may result in a parking or a Charging Session not being started or extended (whereby the Customer risks, e.g., a parking fine) or not being ended correctly (whereby the Customer risks, e.g., to pay too much for its parking or charging);

e) failure, disruption or delay in telephone, Internet, or other communication network provided by a party other than EasyPark, or any telecommunication operator’s actions or omissions affecting the Services’ functionality or its availability, which, e.g., may result in the Customer’s phone, Mobile phone or other technical equipment not being able to communicate with the EasyPark System and a parking or a Charging Session not being started or extended (whereby the Customer risks, e.g., a parking fine) or not being ended correctly (whereby the Customer risks, e.g., to pay too much for its parking or charging);

f) the Service having been cancelled by EasyPark due to reasons that prove to be incorrect, but which EasyPark had reason to believe were correct at the time of the cancellation, and which justified the cancellation;

g) a Charging Station not functioning correctly;

h) in respect of the Parking Guidance Service, a Parking Lot/Charging Station proposed by EasyPark not being available when the Customer arrives there;

i) the Customer’s EasyPark Card having been lost or stolen without the Customer informing EasyPark thereof, or otherwise been subject to unauthorised use;

j) the Customer not having informed EasyPark of a known or suspected misuse of the Licence Plate Number of a vehicle registered for use of Automatic CameraPark;

k) a Mobile phone, on which the Customer has installed the App, or a vehicle, in which the Customer has installed the Car App, being lost or stolen;

l) the Customer not having duly deactivated the Automatic CameraPark service in relation to a vehicle;

m) unauthorised use of the Login Credentials and/or the Services, or

n) Force majeure (see section 14).

11 Complaints

11.1 In case of a defective Service or an erroneous charge or fee, the Customer shall submit a written complaint to EasyPark’s customer service without delay (see section 20 on how to contact the customer service), and at the latest within 60 days from when the relevant Service started to be provided, or, if later, from when the Customer became, or should have become, aware of the relevant erroneous charge. The complaint shall clearly specify the nature of the defect or error. The Customer shall provide reasonable assistance to EasyPark in connection with any investigation made due to the complaint.

11.2 Complaints regarding erroneous Parking Fees or Charging Fees are handled and decided upon in dialogue with the relevant P-operator or Partner. If and when such a complaint is approved, EasyPark shall without delay compensate the Customer with the relevant amount. If the complaint is rejected, EasyPark shall notify the Customer of the outcome of the handling of the complaint including explanation of the decision. Complaints related to a CameraPark System will be referred to the relevant P-operator.

11.3 Prior to or after receiving compensation from EasyPark for any fees or other charges pursuant to section 11.2 or otherwise, the Customer may be required to object to any corresponding claim of a P operator, Partner or other third party, as the case may be, as part of the Customer’s reasonable assistance and cooperation. In addition, pursuant to EasyPark’s written request, the Customer shall procure that EasyPark is allowed to handle any negotiation or dispute with any third party in relation to a dispute or potential dispute in respect of such fees, tolls or charges. This includes granting EasyPark all authorisations and all assistance reasonably required to enable EasyPark to defend, at its own cost, against such claim or potential claim and to agree to any settlement or otherwise compromise or discharge such claim.

12 Term, early termination, etc.

12.1 The Agreement is valid from the confirmation of the Customer account registration by EasyPark (see section 3.2) until it is terminated in accordance with the terms of the Agreement, or as otherwise agreed in writing between EasyPark and the Customer.

12.2 If the Customer has selected a Product Package without fixed monthly fee, the Customer may terminate the Agreement with immediate effect. If the Customer has selected a Product Package with a fixed monthly fee (in full or in part), the Customer may terminate the Agreement as per the end of the next calendar month following the notice of termination without prejudice to the application of section 13.

12.3 EasyPark has the right to immediately suspend the Customer’s access to the Services, cancel the Customer’s user account and/or terminate the Agreement with immediate effect if:

a) the Customer is in material breach of any of its undertakings under the Agreement; b) the Customer does not fulfil, or there is a reasonable reason to assume that the Customer will not fulfil, its payment obligations in relation to EasyPark, or does not have a valid payment card or any other payment method registered through EasyPark;

c) the Customer, according to EasyPark’s reasonable assessment, could be expected to become insolvent;

d) the Customer uses the EasyPark System or any Service in violation of the Agreement, or in a way which may be detrimental or cause damage to EasyPark or any third party;

e) the Customer has repeatedly parked its vehicle in violation of applicable laws, regulations, and/or rules established by any relevant P-operator;

f) the Customer has provided incorrect, incomplete or misleading information, or

g) EasyPark, based on an overall assessment, considers it likely that the Customer may be involved in, or linked to, criminal activity.

12.4 EasyPark may terminate the Agreement or stop providing the Services, as a whole or in parts, subject to two month’s prior notice.

12.5 If the Customer has selected a Product Package, for which the Customer pays in full or in part a fixed monthly fee, it is the Customer’s responsibility to terminate the Agreement if its registered vehicle has been sold, is temporarily deregistered, or otherwise will not be used. EasyPark has no responsibility to verify that a vehicle having been registered by the Customer has not been temporarily deregistered.

12.6 Termination of the Agreement shall be made in writing to the customer service department referred to in section 20.

12.7 Termination of the Agreement (for whatever reason) shall not affect any rights and/or obligations incurred by a Party prior to the date the Agreement is terminated.

13 Right of withdrawal

In accordance with article VI.47 of the Code of Economic Law, each Customer has a right to withdraw from the Agreement by notifying EasyPark’s customer service (see section 20 on how to contact the customer service) within 14 days from approved registration. The notification should at least contain the following information: the specific agreement with respect to which the Customer wishes to make use of its withdrawal right, the date on which this agreement started, the name and address of the Customer, and the date on which the withdrawal request is made.

14 Force Majeure

EasyPark shall not be responsible or liable for failure or delay in carrying out the terms of this Agreement resulting from any cause or circumstance beyond EasyPark’s reasonable control, including, but not limited to, fire, flood or other natural disasters, acts of war, terrorist actions, labour conflicts, failure, disruption or delay in telephone, Internet or other communication network, restrictions in the general traffic, accident, explosion, disturbances, legislation or measures taken by governmental authority.

15 Information, Personal data

15.1 The Customer acknowledges that EasyPark may share information regarding the (Customer’s use of the) Services to P-operators and Partners in order to discharge its duties in relation to them. Furthermore, the Customer acknowledges that EasyPark may report any misuse of the Services, illegal activities, fraudulent or inappropriate behaviour and/or suspicions thereof to the police or any other competent authority.

15.2 Personal data is processed and handled in accordance with applicable legislation for the protection of personal data and in accordance with EasyPark’s privacy policy.

16 EasyPark in other countries

16.1 EasyPark is part of a group of companies who provide services substantially corresponding to the Services provided by EasyPark (the “EP Services”), in the countries (exclusive of any country listed as franchise), which are from time to time listed on www.easyparkgroup.com (each an “EP Country”). Please visit www.easyparkgroup.com for information on places within an EP Country where the EP Services may be used.

16.2 If the Customer visits another EP Country (i.e., another country than Belgium), the Customer may use the EP Services provided by the local EasyPark company (the “Local EP Services” and the “Local EP Company”), provided that the Customer agrees to the applicable general terms and conditions of the Local EP Company.

16.3 When using the Local EP Services, the Customer enters into a contractual relationship with the Local EP Company while also remaining a Customer of EasyPark.

16.4 When using the Local EP Services, they are provided by the Local EP Company, and the Customer will be obliged to pay the relevant fees by making payment to EasyPark (and not to the Local EP Company). Payment by the Customer of the relevant fees to EasyPark discharges the Customer from his its payment obligation. The daily exchange rates published by the Swedish Central Bank are used to convert any fee charged in any EP Country to Euro.

17 Amendments, assignment, etc.

17.1 EasyPark reserves the right to amend these General Terms and Conditions. In such case, EasyPark shall promptly inform the Customer and make the new version of the General Terms and Condtions available to the Customer. Should the Customer thereafter continue to use the Services, the Customer shall be deemed to have accepted the amendments.

17.2 The General Terms and Conditions applicable from time to time are available on the Website. 17.3 The Customer hereby agrees in advance to consent to any transfer by EasyPark, in full or in part, of its rights and/or obligations under the Agreement. Furthermore, EasyPark has the right to employ sub contractors to discharge its duties under the Agreement.

17.4 The Customer may not assign its rights and/or obligation under the Agreement to any other person or party without EasyPark’s written consent.

18 Miscellaneous

18.1 The Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof.

18.2 The Parties agree that, should any provision of the Agreement be held invalid or unenforceable, such provision and the other terms and conditions of the Agreement shall apply to the extent allowed. 18.3 These General Terms and Conditions (as well as any other terms and conditions which form part of the Agreement) are available in several languages out of which the language version in the same language as the Agreement constitutes the original language version. The Parties acknowledge that in case of any discrepancies between the language versions of the General Terms and Conditions, the original language version shall prevail.

18.4 EasyPark is committed to providing its digital services in accordance with applicable accessibility requirements, including those set out in Directive (EU) 2019/882 of the European Parliament and of the Council on the accessibility requirements for products and services (the “European Accessibility Act”), as implemented in relevant national legislation. Further information regarding accessibility, including applicable measures and contact details, is available in our Accessibility Statement published on www.easyparkgroup.com or the local EasyPark website, where applicable.

19 Applicable law and disputes

19.1 The Agreement shall be governed by and construed in accordance with Belgian law. 19.2 Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall primarily be solved by voluntary agreement between the Parties. If the Parties are not able to reach an agreement, the dispute will be settled by the competent Belgian court.

19.3 The Customer may use the European Commission’s online platform (link) to send a complaint to or the Belgian Consumer Mediation Service (link).

19.4 This section 19 shall survive the termination of the Agreement.

20 Customer service

EasyPark’s customer service answers questions regarding the Agreement and the Services provided by EasyPark during office hours during business days in Belgium.

Telephone number: +32 (0) 643 12000

Email address: service@easypark.net

* * *

EASYPARK – GENERAL TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS

Effective as of 27 March 2024

1 Applicability

1.1 These general terms and conditions (the “General Terms and Conditions”) apply when EasyPark Belgium BV, a company incorporated under Belgian law with its registered office at Kantersteen 47, 1000 Brussels, Belgium and registered with the Crossroads Bank for Enterprises under number 0895.840.431 (“EasyPark”), provides Services (as defined below) to business customers (the “Customer”) in Belgium. Furthermore, these General Terms and Conditions apply in applicable parts when any natural person associated to the Customer (a “User”) is using the Services in its capacity as a representative of the Customer.

1.2 All Services are provided in accordance with mandatory law and in accordance with: • any individually agreed terms and conditions;

any special terms and conditions governing a particular Service (“Special Terms and Conditions”); and
these General Terms and Conditions.

In case of deviation between the abovementioned provisions, they shall take precedent in the abovementioned order.

1.3 The Services are directed to legal persons and their representatives.

1.4 Section 17 includes special provisions governing the use of EasyPark services abroad. 1.5 By registering with EasyPark (see section 3.2), the Customer agrees with and accepts to be bound by these General Terms and Conditions and any applicable Special Terms and Conditions, by which a binding agreement (the “Agreement”) arises. These General Terms and Conditions and any applicable Special Terms and Conditions form part of the Agreement between EasyPark and the Customer.

1.6 The Customer is responsible for any User and its use of Services (including, but not limited to, the liability to make payment for such use, as the case may be), and shall procure that such use is in accordance with the Agreement. The Customer shall inform any User of the contents of these General Terms and Conditions from time to time (including of any amendment pursuant to section 18.1), and shall procure that the User complies with these General Terms and Conditions. The Customer is responsible for any fault, negligence or breach by any User.

1.7 By using any Service, the User accepts and agrees to be bound by these General Terms and Conditions in applicable parts. If the User also has a consumer account with EasyPark, EasyPark’s from time to time applicable general terms and conditions for consumer customers apply to the User’s private use of any services provided by EasyPark.

1.8 If the Customer or the User has authorised, permitted or otherwise made available for someone else to use the Customer’s or User’s EasyPark account, the Customer and/or User, as applicable, bears full responsibility under the Agreement and/or these General Terms and Conditions, as the case may be, for such use (including, for the avoidance of doubt, the obligation to pay any accrued fees).

2 Definitions

2.1 In these General Terms and Conditions, and in connection with the Services, defined terms and expressions shall have the meaning set forth below:

“Additional Service” shall have the meaning set forth in section 3.1.1;

“Agreement” shall have the meaning set forth in section 1.5;

“App” means EasyPark’s Mobile phone application, as well as EasyPark’s applications as available through other user interfaces (e.g., certain smart watches);

“CameraPark” shall have the meaning set forth in section 4.1.2;

“CameraPark System” shall have the meaning set forth in section 4.1.2;

“Car App” means EasyPark’s application to be used in the infotainment system of certain types of vehicles;

“Charging Cost” means the price payable by the User in relation to a Charging Session, corresponding to and being calculated based on the length of the relevant Charging Session multiplied with the charging price generally applied by the relevant P-operator or Partner in relation to the relevant Charging Station from time to time, which factors EasyPark does not have control over, and which may change from time-to-time. However, the Charging Cost does not include any EasyPark service fee that may be applicable in accordance with section 8 below;

“Charging Service” shall have the meaning set forth in section 3.1.1;

“Charging Session” means a single, continuous charging session ordered by the User using the EasyPark System, during which the Customer’s vehicle is charged at the relevant Charging Station; “Charging Station” shall have the meaning set forth in section 5.1.5;

“EasyPark” shall have the meaning set forth in section 1.1;

“EasyPark Card” means the pass, which EasyPark may provide to a User, and which is applicable in relation to certain Parking Lots, provided that the relevant P-operator accepts such passes; “EasyPark System” shall have the meaning set forth in section 3.1.1, i.e., EasyPark’s electronic system for modern parking and related services, which the Customer and any User gain access to via the App, the IVR Service, the Car App, the Portal and/or the Website;

“IVR Service” means EasyPark’s interactive voice response service;

“Licence Plate Number” means the official registration number or personal licence plate number, as the case may be, of a vehicle, as set forth on the licence plates that are mounted to the vehicle; “Mobile phone” means a mobile phone or a tablet;

“Parking Cost” shall have the meaning set forth in section 4.1.7;

“Parking Guidance Service” shall have the meaning set forth in section 3.1.1;

“Parking Lot” shall have the meaning set forth in section 4.2.1;

“Parking Service” shall have the meaning set forth in section 3.1.1;

“Partner” means any partner, which EasyPark co-operates with or otherwise maintains a contractual relationship with (however, excluding P-operators);

“Party” and “Parties” means EasyPark and/or the Customer or a User, as the case may be; “P-operator” means any parking operator (including cities), which EasyPark co-operates or otherwise maintains a contractual relationship with;

“Portal” means EasyPark’s web-based portal, which Customers using certain Additional Services may gain access to;

“Price List” means EasyPark’s price list applicable from time to time, which is available on the Website;

“Service/-s” shall have the meaning set forth in section 3.1.1;

“User” shall have the meaning set forth in section 1.1; and

“Website” means EasyPark’s website https://easypark.be/.

2.2 Definitions may also be found elsewhere in these General Terms and Conditions.

3 General terms and conditions for the Services

3.1 General

3.1.1 EasyPark provides an electronic system for modern parking (the “EasyPark System”), through which EasyPark, in co-operation with P-operators and other Partners, enables Customers and their Users to administrate parking of vehicles (the “Parking Service”) and to access additional related services that may be made available (each an “Additional Service”), such as charging of electric vehicles (the “Charging Service”), receiving parking guidance (the “Parking Guidance Service”) and other functions. The Parking Service and the Additional Services, as well as other services provided by EasyPark from time to time to business customers are jointly referred to as the “Services”. For the avoidance of doubt, EasyPark does not provide any parking locations, parking spaces, or facilities for charging of electrical vehicles as such, nor does EasyPark perform any kind of enforcement services.

3.1.2 The Services offered by EasyPark are often dependent upon, or provided in combination with, services offered by P-operators and Partners. Such third parties may have their own applicable rules, regulations and/or terms of service. The Customer and any User is required to accept and comply with such rules, regulations and/or terms of service, as the case may be, in connection with its use of the Services. EasyPark is not responsible nor liable for the services offered by P-operators and Partners, or, without prejudice to section 7.2, for providing such applicable rules, regulations and/or terms of service. Please contact the P-operator or Partner to receive information in this regard.

3.1.3 Some Services may be offered simultaneously and separate costs and fees for each Service may be applicable and charged. For a more detailed description of the Services, reference is made to the information provided on the Website and in the App/Car App from time to time.

3.1.4 EasyPark offers a selection of product packages (each a “Product Package”) including the Parking Service and Additional Services, if applicable, whose contents, certain information on prices and any special terms and conditions, are described on the Website and in the App/Car App and as may be amended from time to time.

3.2 Access to the Services, registration data, etc.

3.2.1 Registration of the Customer, etc.

3.2.1.1 A pre-condition for the Customer to gain access to the Services is that the Customer registers as a business customer with EasyPark. EasyPark reserves the right to reject a registration.

3.2.1.2 The EasyPark account provides an overview of the account balance, transaction history, purchased active and historical products and registered vehicles. EasyPark provides information regarding parkings, and Charging Sessions made on the Customer’s and/or User’s Business Self-Service, and such information is generally stored for at least twelve months.

3.2.1.3 Registration can be made via the Website, the App, telephone or in such other ways as accepted by EasyPark from time to time. In connection with the registration, the Customer shall select a Product Package and select a payment method accepted by EasyPark, and register a payment card, or, as applicable, provide other information relevant for the selected payment method. Furthermore, the Customer shall provide other requested information, such as a valid phone number and email address.

3.2.1.4 When the Customer’s registration has been completed, it is granted a non-exclusive and non transferable right which is limited in time and not sub-licensable, to use the EasyPark System and thereby the Services and – if applicable – the App, the Car App and the Portal, through its Users, in accordance with the selected Product Package and the Agreement. The Customer’s and any User’s right to use the EasyPark System and, if applicable, the App, the Car App and the Portal, remain during the term of the Agreement and for as long as the Customer has an active user account, the Customer and any User discharge their respective duties under the Agreement (including these General Terms and Conditions and any applicable Special Terms and Conditions).

3.2.1.5 When a registration has been approved, the Customer receives a username and password (together, the “Login Credentials”). The Login Credentials also enable the Customer to, inter alia, log on to the Customer’s personal website on the Website (“Business Self-Service”) and the App, and the Portal, as the case may be.

3.2.2 Registration of a User, etc.

3.2.2.1 Pre-conditions for the User to be able to use the Services are that (i) the Customer’s registration has been approved by EasyPark, and that (ii) the User is registered with EasyPark, as a business user associated to the Customer. EasyPark reserves the right to reject a User’s registration.

3.2.2.2 Registration can be made via the Website, telephone or in such other ways as accepted by EasyPark from time to time. In connection with the registration, requested information regarding the User, such as further specified personal data, valid mobile phone number, and email address shall be provided. 3.2.2.3 When the registration has been completed, the User is granted a non-exclusive and non-transferable right for the term of the Agreement, which is limited in time and not sub-licensable, to use the EasyPark System, the Services and – if applicable – the App and the Car App, subject to the selected Product Package and the Agreement. The right to use the EasyPark System and, if applicable, the App and the Car App, remains during the term of the Agreement and for as long as the Customer discharges its duties under the Agreement (including these General Terms and Conditions and any applicable Special Terms and Conditions), the User has an active user account and discharges its duties under these General Terms and Conditions.

3.2.2.4 When a registration has been completed, the User will receive Login Credentials, which enable the User to, inter alia, log on to the User’s Business Self-Service and the App.

3.2.2.5 Certain Services offered through the App or the Car App require that the User has enabled the function “allow location access” and/or “allow notifications” on its Mobile phone, vehicle or other technical solutions approved by EasyPark. EasyPark reserves the right to not provide such Services where the User has not enabled these functions as required by it.

3.3 The Customer’s and the User’s undertakings and responsibility

3.3.1 The Customer is responsible for procuring that accurate information regarding the Customer is registered with EasyPark at any time. Following registration, the Customer shall log on to its Business Self-Service or check the settings in the App or Car App, as applicable, to verify that the registered information is accurate. EasyPark is not liable for erroneous registered information, regardless of registration method, unless otherwise provided in section 11.2.

3.3.2 The Customer and the User are jointly and severally responsible for procuring that accurate information regarding the User and relevant vehicles is registered with EasyPark at any time. Following the registration, the User shall log on to its Business Self-Service or check the settings in the App or Car App, as applicable, to verify that the registered information is accurate. EasyPark is not liable for erroneous registered information, regardless of registration method.

3.3.3 The Customer is responsible for ensuring that any payment card registered through EasyPark, or any other selected payment method, as applicable, is valid, not blocked and that the associated account, if any, has sufficient balance/spending limit. The Customer shall provide EasyPark with relevant information (e.g., through update in the App or on Business Self-Service, or by notifying EasyPark’s customer service) regarding a new payment card (if used as the method of payment), or add a new method of payment, at the latest by the end of the calendar month preceding the calendar month when the registered payment card expires.

3.3.4 If the Customer has been approved to make payment against invoice, the Customer shall provide EasyPark with any relevant invoicing information, such as company name, registration number, invoice address and VAT number, as requested by EasyPark from time to time, and procure that such provided information is up to date at all times.

3.3.5 The Customer is responsible for deregistering any User, which no longer is associated with the Customer.

3.3.6 The Customer shall provide EasyPark with any reasonably requested information and documentation in order for EasyPark to be able to comply with any tax reporting obligations (e.g., the Customer’s VAT). 3.3.7 The Customer and the User, respectively, are responsible for procuring that the Login Credentials are kept and used in a safe manner, and not disclosed or otherwise made available to any unauthorised person.

3.3.8 The Customer or the User, as the case may be, shall without delay inform EasyPark, as instructed from time to time on the Website (e.g., through an update in the App or on Business Self-Service, or by notifying EasyPark’s customer service), if:

the Customer or the User, as the case may be, has any reason to believe that an unauthorised person has gained access to or knowledge of the Login Credentials;
the User’s EasyPark Card has been lost or stolen;
any registered information regarding the Customer or the User, as the case may be, has been changed or should be updated, for example when the User is no longer using the mobile phone number registered with EasyPark;
he Customer or the User, as the case may be, has any reason to believe that the Licence Plate Number of a vehicle registered for use of Automatic CameraPark (as defined below) is misused;
the car that the Customer or the User, respectively, is using through a third party (e.g., a leasing company) is returned to the third party;
a Mobile phone, on which the User has installed the App, or a vehicle in which the User has installed the Car App, is lost or stolen; or
a registered vehicle has been sold, temporarily deregistered, or otherwise will not be used in relation to the Services, in order for EasyPark to take appropriate measures, such as blocking the Login Credentials, the EasyPark Card, the Licence Plate Number and/or the Customer’s or the User’s user account, or update the Customer’s or the User’s registered information.

The Customer and the User, respectively, shall also keep EasyPark notified of any other circumstances of importance to the Agreement and/or the provision of the Services relation to the Agreement and/or its use of the Services.

3.3.9 In addition to what is set out in the Agreement, the Customer and the User, respectively, shall comply with any instructions given by EasyPark from time to time.

3.3.10 The Customer and the User, respectively, is responsible for procuring that the (a) telephone, (b) Mobile phone, or (c) other technical equipment (e.g., a vehicle’s infotainment system) used by it in relation to the Services functions properly and is compatible at all times with (i) the EasyPark System, (ii) the Services, (iii) the App, (iv) the Car App, and (v) the Portal, as applicable. The Customer and the User, respectively, is also responsible for procuring that the App and the Car App are duly updated, if applicable. The performance requirements applicable from time to time in relation to the EasyPark System, the Services, the App, the Car App and the Portal, are available on the Website.

3.3.11 The Customer accepts that invoices, as the case may be, and other financial documents are sent by email and/or provided through the Customer’s Business Self-Service.

3.3.12 The Customer and the User may only use the Services, the EasyPark System and the EasyPark account in accordance with the Agreement, and any misuse by the Customer or the User (including, as the case may be, allowing any third party’s misuse) of the Services, the EasyPark System and/or the Customer’s EasyPark account is strictly prohibited.

4 Special terms and conditions for the Parking Service

4.1 General

4.1.1 Through the Parking Service, the User is able to notify the relevant P-operator of when a parking starts, the preliminary parking time and when a parking ends, and, if necessary, extend the parking time. However, due to rules established by a particular P-operator, the User may in relation to certain Parking Lots only be able to notify the P-operator of a fixed parking time, which cannot be prematurely ended or extended.

4.1.2 In relation to certain Parking Lots, access may be granted and a parking may be started and/or ended with the help of a P-operator’s automatic number plate recognition system (the “CameraPark System”), whereby the time a vehicle enters and leaves a Parking Lot is automatically registered and, if applicable, forwarded to the EasyPark System (“CameraPark”). If the CameraPark System is fully automated (“Automatic CameraPark”), a parking is activated automatically in the EasyPark System when the relevant vehicle enters the Parking Lot (if the vehicles Licence Plate Number has been activated for Automatic CameraPark in the App in due course before the entry), whereby the User receives a notification in the App, and is ended automatically in the EasyPark System when the vehicle leaves the Parking Lot. If the CameraPark System is not fully automated, the User must activate a parking manually in the EasyPark System (e.g., through the App), whereby the start time automatically will be set to the time when the relevant vehicle entered the relevant Parking Lot, but the parking is ended automatically in the EasyPark System when the vehicle leaves the Parking Lot. The Customer and User are responsible for checking whether Automatic CameraPark is available for a given Parking Lot. Areas with Automatic CameraPark are marked with a camera symbol in the App.

4.1.3 Automatic CamerPark is subject to activation. The Customer acknowledges that Automatic CameraPark can (only) be activated by the User, for which the Customer is fully responsible. When Automatic CameraPark is activated and used, the Customer and the User each:

confirm that it is an authorized user of the vehicle for which Automatic CameraPark is activated;
understand that it is obliged to disable the Licence Plate Number for Automatic CameraPark if it is no longer an authorized user of the related vehicle;
understand that adding a Licence Plate Number to its account for Automatic CameraPark is at the Customer’s and User’s own risk and account;
understand that the Parking Cost and any EasyPark service fee that me be applicable in accordance with section 8 below, will be calculated when the relevant vehicle exits the Parking Lot and will be automatically debited using the payment method the Customer has chosen;
understand that allowing push notifications in the App/Car App is not mandatory but it can help to keep the Customer and/or User informed about ongoing parking and/or when one of the vehicles in the Customer’s/User’s account is enabled or disabled for Automatic CameraPark;
understand that only Parking Lots with a "camera symbol" in the App/Car App support Automatic CameraPark;
understand that Parking Lots that use Automatic CameraPark may be added or removed without notice.

4.1.4 The Customer and/or - if applicable - the User shall ensure that (de)activation of Automatic CameraPark is timely done before the next entry of a Parking Lot that supports Automatic CameraPark. 4.1.5 The CameraPark Systems are provided and maintained by the P-operators and not by EasyPark. EasyPark does not provide any technical support in relation to the CameraPark System; instead the Customer and the User are referred to the relevant P-operator.

4.1.6 The Parking Service may also be used for residential/permit parking, provided that the relevant P operator accepts this. When using the Parking Service for residential/permit parking, the User needs a residential/parking permit provided by the P-Operator. The User is responsible for procuring that the User holds a relevant residential/parking permit. When using the Parking Service for residential/permit parking, the User can only notify the P-operator of a fixed parking time.

4.1.7 The fee due to the P-operator for parking at a Parking Lot (the “Parking Cost”) is set based on factors determined by the relevant P-operator, such as the applicable parking tariff, and the User’s usage, such as the amount of parking time. EasyPark does not have control over these factors, which may change from time-to-time. The Parking Cost does not include any EasyPark service fee that may be applicable in accordance with section 8 below. When providing the Parking Service, EasyPark will collect the Parking Cost due (including VAT, if applicable) from the Customer and transfer the amount to the relevant P-operator.

4.1.8 The Parking Service also includes, as applicable, (i) the purchase and resale to the User by EasyPark of the right to park in a certain parking spot from the relevant P-operator and/or (ii) the collection by EasyPark of the payment of the relevant Parking Cost (including VAT), which is determined on the basis of the P-operator’s current tariff.

4.1.9 In connection with the Parking Service, EasyPark offers certain Additional Services and functions (some at additional costs depending on the Product Package). For example, the User may choose to receive a reminder from EasyPark (e.g., via SMS) at a certain time before a preliminary set or fixed parking time ends. The User is always responsible for ending or extending a parking session that has been started via the Parking Service, irrespective of whether the User has chosen to receive a reminder and irrespective of whether the reminder is actually received.

4.2 Terms of use

4.2.1 The Parking Service can only be used at parking lots and within parking areas/zones (each a “Parking Lot”), which:

(iii) at any given time are indicated in the App’s map interface or in the Car App; and/or

(iv) have parking meters with EasyPark stickers, or otherwise have signs or other EasyPark distinctive marks, which indicate that EasyPark co-operates with the P-operator in relation to the relevant Parking Lot.

4.2.2 To be able to use the Automatic CameraPark service in relation to a particular vehicle, the User must activate the Automatic CameraPark service for such vehicle via the App, the Portal or Business Self-Service, and register the vehicle’s Licence Plate Number. The User is responsible for specifying the correct Licence Plate Number. If the User also has a consumer user account with EasyPark, it must select, which account any Automatic CameraPark parking shall be registered to before entering the gate.

4.2.3 The User can start a parking session through the Parking Service by activation via either: • the App;

the Car App;
the IVR Service;
the CameraPark System, provided that the relevant P-operator supports Automatic CameraPark; or
the EasyPark Card, provided that the relevant P-operator supports such card.

In order to make sure that the parking has started correctly, the User shall check that a confirmation of the started parking has been received via:

the App, when using the App;
The Car App, when using the Car App;
the interactive voice response/a SMS receipt, when using the IVR Service;
the App, when using CameraPark; or
registration of the EasyPark Card in a correct manner, when using such card.

4.2.4 If the User starts a parking session through the Parking Service, the User shall specify the parked vehicle’s Licence Plate Number and the relevant Parking Lot, unless Automatic CameraPark is used. If the User uses the App’s or the Car App’s positioning function or CameraPark, the User shall ascertain that the proposed Parking Lot is in fact the Parking Lot, on which the User has parked. The User is responsible for specifying the correct Parking Lot and Licence Plate Number, irrespective of whether such information has been proposed through the App’s or the Car App’s positioning function or through the use of Automatic CameraPark. EasyPark assumes no liability if the wrong Parking Lot or Licence Plate Number has been specified (see section 11.4a).

4.2.5 If the User also has a consumer user account with EasyPark, the IVR Service is not available in relation to its business user account.

4.2.6 When using the Parking Service for residential or permit parking, if the P-operator so requires, the User shall have a residential/parking permit attached to the front window of the parked vehicle if required by the relevant P-operator. Please contact the P-operator to receive information on whether a visible residential/parking permit is required.

4.3 The Customer’s and the User’s undertakings and responsibility

4.3.1 The Customer and the User shall always comply with applicable laws and regulations, and the rules established by the relevant P-operator at any given time, or which are otherwise applicable in relation to the Parking Lot where the User parks the vehicle.

4.3.2 The User is responsible for starting the parking session correctly and ascertaining that the specified Parking Lot and Licence Plate Number is correct, as set forth in section 4.2.4.

4.3.3 The User is responsible for procuring that a started parking session is ended or extended as the case may be. If the User did not state a preliminary end time or a total parking time when the parking was started, the User is responsible for ending the parking session manually. If the User is using CameraPark, the User shall check that a started parking has ended when the relevant vehicle leaves the relevant Parking Lot, and notify EasyPark’s customer service if it has not ended automatically.

4.3.4 If the User is using CameraPark, the User is responsible for procuring that the relevant vehicle’s number plates are clean, not damaged and otherwise in a readable condition when the vehicle enters and leaves the Parking Lot.

4.3.5 If the Parking Service is not available or is out of function, for example due to reasons attributable to the (i) telephone, (ii) Mobile phone, or (iii) other technical equipment (e.g., a vehicle’s infotainment system) used by the User, or failure, disruption or delay in telephone, Internet, other communication network, or a CameraPark System, or the GPS function, the User or the Customer, as the case may be, is responsible for making proper payment for the relevant parking session to the P-operator in any other way instructed by the P-operator (e.g., by payment in relevant parking meter). If the User in such a case does not make payment in any such other way, the User risks to be issued a parking fine, or a fee or a charge for incorrect parking.

4.3.6 The Customer and the User are jointly and severally responsible for deactivating the Automatic CameraPark service in relation to a vehicle, if the Customer or the User no longer wants to use such service in relation to such vehicle (e.g., if the vehicle has been sold, or, in respect of lease and rental cars, when the relevant rental or lease period has ended), or no longer wants to use the service for an individual parking (e.g. if the Customer or User has lent the vehicle to a third party). If the Customer or User is unable to deactivate Automatic CameraPark, they are responsible for either making EasyPark duly aware of this or refraining from using areas with Automatic CameraPark. Failure to deactivate Automatic CameraPark does not relieve the Customer of its payment obligations under this Agreement.

4.3.7 The Customer or the User, as the case may be, is responsible for any parking fines and fees or charges for incorrect parking (which may be notified or collected in connection with parking violations), and the payment thereof. Any parking violation is a matter between the Customer or the User, as the case may be, and the relevant P-operator or the police authority. EasyPark remains neutral in such disputes. However, EasyPark may at its sole discretion and extent provide information to the disputing parties.

5 Special terms and conditions for the Charging Service

5.1 General

5.1.1 Through the Charging Service, the User is able to notify any relevant Partner or P-operator, or EasyPark (when EasyPark acts as a reseller, as further described in section 5.1.3), as applicable, (a) when a Charging Session is started or ended, (b) of the preliminary charging time/level, and (c), if necessary, of an extension/increase of the charging time/level.

5.1.2 The terms and conditions for the Parking Service set forth in section 4, apply mutatis mutandis to the Charging Service. However, started and ended parking shall, respectively, mean started and ended Charging Session. No resident parking exist in relation to the Charging Service.

5.1.3 In relation to certain P-operators and Partners, the Charging Service includes an element of immediate on-demand purchase and re-sale of electricity or charging time, whereby EasyPark acts as a reseller. When a User is charging an electric vehicle and starts a Charging Session, from such time and until the Charging Session has ended; EasyPark will i) buy relevant electricity or charging time from the relevant P-operator or Partner, and ii) re-sell the relevant electricity or charging time to the User. The re-sale of the electricity or charging time will occur at the same fee as the Charging Cost, subject to application of EasyPark’s surcharge for rendering the Charging Service in accordance with section 7.

5.1.4 If EasyPark does not function as a reseller, EasyPark will collect the relevant Charging Fee (including VAT, if applicable) from the Customer and transfer the amount to the relevant P-operator or Partner. 5.1.5 Charging stations are provided and maintained by Partners and/or P-operators, and not by EasyPark. EasyPark assumes no responsibility for the charging station used or the electricity consumed by the User in connection with the Charging Service (the “Charging Station”), and does not provide any technical support in relation to the Charging Station. If a Charging Station does not function properly or, e.g., has caused damage to the User’s vehicle, the Customer and the User are referred to the relevant Partner or P-operator. Contact details are usually available at the Charging Station, but may also be retrieved from EasyPark’s customer service.

5.1.6 The Customer and – if applicable – the User are responsible for paying for parking fees and/or following other parking rules (as applicable) set out by a P-operator or Partner in a Parking Lot where the Charging Station is located.

5.2 The Customer’s and the User’s undertakings and responsibility

5.2.1 The Customer and the User shall always comply with applicable laws and regulations, and the rules established by each relevant Partner or P-operator at any given time, or which are otherwise applicable in relation to the User’s charging of the vehicle.

5.2.2 If the Charging Service is not available or is out of function, for example due to reasons attributable to the (i) Mobile phone, or (ii) other technical equipment (e.g., a vehicle’s infotainment system) used by the User, or failure, disruption or delay in the telephone, Internet, or other communication network, the User or the Customer, as the case may be, is responsible for making proper payment for the relevant Charging Session to the relevant Partner or P-operator in any other way instructed by such Partner or P-operator.

5.2.3 The Customer or the User, as the case may be, is responsible for any damage caused by the Customer, the User, the relevant vehicle or other property pertaining to the Customer or the User, in connection with the charging of the relevant vehicle, unless otherwise provided in section 11.

6 Special terms and conditions for the Parking Guidance Service

6.1 Through the Parking Guidance Service, the User may receive proposals regarding available Parking Lots and/or Charging Stations close to the User, through the App’s positioning function or other technical solution approved by EasyPark from time to time which is compatible with the Parking Guidance Service.

6.2 The Parking Guidance Service requires that the User uses the App or the Car App, as the case may be, and has enabled the functions “allow location access” and/or “allow push notifications” on its Mobile phone or other technical solutions approved by EasyPark from time to time.

7 Prices and fees

7.1 Irrespective of the Users’s obligations under sections 4.3.3, 4.3.6 and 5.2.2, the User is discharged from its obligation to pay the Parking Cost and/or Charging Cost (as applicable) to the relevant Partner or P operator, upon payment of the Parking Cost and/or Charging Cost to EasyPark.

7.2 The size and calculation of any prices or fees payable to EasyPark depends on the Product Package selected by the Customer. Information on the relevant standard pricing for the Services can be found on the Website, unless the Parties have agreed otherwise in the Agreement. The standard pricing may be subject to change. The current standard pricing is published on the Website. All prices and fees are stated exclusive of VAT. Parking Cost and Charging Cost are depending on the Customer’s and the Users’ actual use of the Parking Service and the Charging Service and are in addition to and not included in EasyPark’s prices and fees. For Users using the App or the Car App, EasyPark will provide information regarding the basis for calculating the Parking Cost or Charging Cost, as the case may be, in the App or the Car App, as applicable.

7.3 EasyPark’s pricing model for the Product Packages (i.e., excluding any Parking Cost or Charging Cost) currently consists of:

(a) a non-recurring fee when a registration is completed;

(b) a non-recurring transaction fee payable per User and transaction depending on the Product Package selected by the Customer (which primarily is driven by the Customer’s and any User’s parking requirements);

(d) a fee per use of Additional Services.

However, the Parties may agree on another pricing model in the Agreement.

7.4 Separate prices and fees may be charged for Additional Services (such as the Parking Guidance Service) and other additional notifications and functions, which are not included in the relevant Product Package. If the Customer pays against invoice, an invoicing fee may apply in accordance with the Price List. Additional Services, which currently are included in the Product Packages, or any new services, may in the future be subject to separate fees.

7.5 Notwithstanding section 18.1, EasyPark reserves the right to change its prices and fees, including changes to recurring subscription fees and the Price List. EasyPark shall promptly inform the Customer within a reasonable term before any changes become effective. Unless EasyPark receives an objection from the Customer prior to the notified effective date, or if the Customer explicitly agrees to the changes at an earlier date, the changes will take effect on the notified date. By continuing to use the Services and/or a subscription after the price change has taken effect, the Customer will have accepted the new prices and fees.

8 Payment terms, etc.

8.1 Payment is made either against invoice, by charging of any registered payment card, or by any other payment method approved by EasyPark from time to time. The Customer selects the payment method in connection with the registration, provided, however, that payment against invoice is subject to EasyPark’s approval from time to time. For information regarding additional payment terms applicable to each respective payment method, reference is made to the relevant payment service provider.

8.2 The Customer irrevocably assumes the liability to make payment for any Parking Cost, Charging Cost or other amount incurred by any User when using the Services.

8.3 EasyPark reserves the right to carry out credit assessments in respect of the Customer prior to accepting any registration and during the term of the Agreement.

8.4 The fixed monthly fee is charged or invoiced, as the case may be, monthly in advance and is not refundable. Other prices and fees (except for what is set forth in section 8.5) are charged or invoiced, as the case may be, in accordance with the payment method selected by the Customer and/or User after the starting or ending of the relevant Service. The Customer hereby approves any such charging, as applicable.

8.5 Parking Cost and Charging Cost and EasyPark’s surcharge, if applicable in accordance with the Product Package selected by the Customer, are typically charged or invoiced after the Services have been provided to the Customer.

8.6 When payment is made against invoice, the invoice shall be paid in accordance with the payment terms stated therein.

8.7 If EasyPark, on the basis of its risk or credit assessment of the Customer, deems it necessary to do so, EasyPark may with immediate effect demand a bank guarantee or other security from the Customer.

8.8 If payment is not made on time, EasyPark is entitled to charge a late payment penalty fee in accordance with article 5 of the Belgian Law of 2 August 2002 containing certain measures to remedy late payments in commercial transactions (wet betreffende de bestrijding van de betalingsachterstand bij handelstransacties/loi concernant la lutte contre le retard de paiement dans les transactions commerciales), from the due date until the time payment has been made in full. Further, EasyPark is entitled to compensation for costs associated with collection of due amounts (such as late payment reminders or debt collection demands).

8.9 If payment is not made on time, EasyPark is furthermore entitled to deactivate the Customer’s and User’s account and thus make the Service unavailable to the Customer and user until payments are received and the account is re-activated. For Automatic CameraPark this also implies that such feature is deactivated when the account goes inactive, and the Customer and/or – if applicable – the User needs to re-activate the feature when the service should be used again. EasyPark is not responsible for any claim against the Customer or User, for example relating to non-payment of applicable parking fees, during a time when the Customer’s or User’s account was inactive.

8.10 Notwithstanding section 18.1, EasyPark reserves the right to change the billing frequency without the Customer’s prior consent.

9 Riverty Consolidated Direct Debit.

9.1 Riverty Consolidated Direct Debit is a direct debit payment method that is available for eligible customers located in Belgium who are either an individual (at least 18 years old) or a duly incorporated business enterprise. The eligibility for Riverty Consolidated Direct Debit is evaluated on a per transaction basis and is subject to satisfactory fraud screening and creditworthiness checks conducted by our third party payment services provider, Riverty GmbH, Gütersloher Str. 123, 33415 Verl, Germany ("Riverty"). For more information on the fraud screening and credit check see the Riverty Privacy Notice. If a transaction is suspected fraudulent or the credit check does not meet the defined criteria (e.g. outstanding debt), Riverty reserves the right to reject and block use of Riverty Consolidated Direct Debit. Please note that Riverty acts as an individual data controller and not as our data processor when processing the data for the purpose of conducting the fraud screening/ credit checks and processing of payment transactions in connection with Riverty Consolidated Direct Debit. To learn more about how Riverty processes personal data, please read their privacy statement here.

9.2 The use of Riverty Consolidated Direct Debit further requires a SEPA Direct Debit payment mandate whereby the customer authorizes (i) EasyPark to send – through our payment service provider Riverty – instructions to the customer’s bank to debit the customer’s account and (ii) the customer’s bank to debit the customer’s account in accordance with the instructions on the due date. At the same time, the customer also confirms to Riverty and us that they are authorized to dispose over that account and that the account has sufficient funds.

9.3 For parking transactions made as well as for monthly subscriptions using Riverty Consolidated Direct Debit as payment method, a statement will be issued to the customer on the second working day of the month following the purchase of services. Each monthly statement consolidates the subscription, all parking transactions and/or other transactions made using Riverty Consolidated Direct Debit from the prior month. The amount listed on the monthly statement is due upon receipt of the monthly statement, but not before the deadline for advance information pursuant to the SEPA direct debit rules. Advance information ("Pre- Notification") means any notification (e.g. on the invoice) to the customer announcing a debit by SEPA Direct Debit. The agreed deadline for advance information is 3 days after receipt of the monthly statement. As mentioned above, the direct debit will be collected through our payment services provider Riverty when due from the account that the customer has specified in the SEPA Direct Debit mandate.

9.4 If the SEPA Direct Debit collection is unsuccessful, EasyPark assigns and transfers all rights, title and interest in the associated invoiced debt to Riverty and Riverty has the right to collect any invoiced amounts from the customer directly on its own behalf ("Transfer of Claim"). In case of such assignment, Riverty is entitled to exercise the same rights against the customer with respect to payment as EasyPark could exercise against the customer in accordance with the agreement concluded between the customer and EasyPark regarding its services. The claim against the customer can, at all times, unilaterally be transferred by Riverty to a third party, including a debt collection agency.

9.5 In the event of late payment and transfer of all rights, title and interest in the invoiced debt to Riverty in accordance with the above, Riverty will send the customer a first reminder by regular mail or by email and demand payment within 14 days, warning the customer that if payment is not received within 14 days, the customer will incur debt collection costs in accordance with Belgian law. In the event that, after expiry of the aforementioned period of 14 calendar days, which period starts on the third working day after the reminder has been sent to the customer, the customer has still not paid the outstanding balance, Riverty will issue a second reminder and charge a reminder fee of EUR 3,50 for that second reminder. If the customer does not act on this second reminder either, Riverty will issue a third and final reminder and charge a reminder fee of EUR 3,50 for that third reminder. Failure to act upon such final reminder can trigger further collection measures, including the execution of legal debt collection measures. If the claim is transferred to a debt collection agency for collection after the third and final reminder, immediately and without prior notice of default, a fixed compensation in accordance with the table below will be charged:

Step of the principal amount of the claim	Lump- sum administrative costs applicable per bracket
Up to EUR150	EUR20
EUR150,01 to EUR500	EUR 30 plus 10 % of the difference between the due amount and 150 EUR
EUR500,0 1 to EUR10.000	EUR 65 plus 5% of the difference between the due amount and 50 0 EUR, with a maximum of 2.000 EUR

9.6 For the sake of clarity, in the event of payment default, the total compensation charged to the customer for payment reminders will be deducted from the flat- rate compensation set out in the table above. This means that the customer will not be charged with higher costs than the flat rate compensation as shown in the table above in case of a payment default. Any reminders can be sent via e-mail.

9.7 If a payment obligation to the customer remains outstanding after the customer has sent a payment reminder and has set a reasonable payment deadline, the customer is entitled to the same interest and compensation as stated above.

9.8 Any disputed charges for payments should be notified to Riverty. Any disputed charges for the use of the services should be notified to EasyPark.

10 The availability of the EasyPark System, intellectual property rights, etc. 10.1 The EasyPark System and Services are under continuous development and may be updated or changed from time-to-time or, subject to section 14.4, discontinued.

10.2 The EasyPark System is generally available 24 hours a day, but the availability may be interrupted due to planned upgrades, modifications and maintenance or due to unexpected system failures. The Customer and the User, respectively, acknowledges that software can never be tested in all possible situations and that deviation from agreed functionality and unexpected errors and disruptions may occur. EasyPark reserves the right to update the EasyPark System with new functions or otherwise modify it in order to, for example, adapt it to new technology, new security standards or new administrative procedures.

10.3 All copyright (including the right to computer programs, data bases, source codes, object codes and algorithms) and other intellectual property rights (including trademarks, databases, trade secrets and patent rights) relating to the EasyPark System and its contents are owned or licensed by EasyPark or its suppliers and partners. No such rights are transferred to the Customer by the virtue of the Agreement, or to the User by virtue of these General Terms and Conditions. It is not allowed to use, or to grant others a right to use, the EasyPark System or its contents for commercial purposes. The Customer and the User, respectively, does not have any right to copy, distribute, sell, publish, transfer, lend, sub-license, modify, or otherwise dispose of or take any action regarding the software included in the EasyPark System. The Customer and the User, respectively, does not have any right to engage in reverse engineering, decompilation, disassembling or in any way attempt to access the software’s source code. In addition to the Customer’s and the User’s respective right to information pursuant to section

3.2.1.2, the Customer and the User has no right – by itself or through others – to collect and store data from the App, the Car App and the Website.

10.4 The Customer and the User, respectively, shall ensure that all information and materials, which are transferred to the EasyPark System are free from damaging elements or source code or malware (such as viruses, worms and Trojan horses). It is the responsibility of the Customer and the User, respectively, that any information which the Customer or the User, as the case may be, uploads to Business Self-Service or makes available via the App, the Car App or the Portal, as the case may be, does not infringe any third party’s intellectual property or other rights and is not in conflict with any applicable law or regulation.

11 EasyPark’s liability

11.1 EasyPark’s aggregate liability shall in no event exceed an amount equivalent to 10 per cent of the aggregate fees (less any Parking Cost and Charging Cost) paid by the Customer during the preceding calendar year, except if EasyPark has acted wilfully (opzet/intention) or grossly negligent (grove fout/faute grave). EasyPark cannot exclude its liability in relation to the performance of its obligations by any agent or sub-contractor.

11.2 Nothing in these General Terms and Conditions shall exclude liability of EasyPark for gross negligence and wilful misconduct, or death and personal injury caused by EasyPark’s negligence, or any other type of liability which cannot be excluded or limited under applicable law.

11.3 EasyPark is not liable for:

a) loss or damage to the Customer’s or User’s vehicle or other properties while using any Parking Lots or Charging Stations;

b) the services offered by P-operators or Partners; or

c) indirect, special or consequential damages such as, e.g., loss of profits, or for any damages in relation to the Customer’s or User’s, as the case may be, relationships with any third party.

11.4 Further, EasyPark is not liable for any damage or loss incurred by the Customer caused by: o) the Customer’s or any User’s, as the case may be, fault (fout/faute) or negligence (nalaten/omission), including that any User has (i) not correctly started or ended a Service (irrespective of whether the User has selected to receive a reminder from EasyPark or used CameraPark), (ii) not heeded information provided, or (iii) specified the wrong Parking Lot or Licence Plate Number when starting a parking (irrespective of whether such information has been stated manually or after a proposal made by the positioning function in the App or the Car App);

p) the Customer or any User, as the case may be, not having discharged its duties under the Agreement or otherwise not complied with EasyPark’s instructions;

q) any User having parked a vehicle in violation of applicable laws, regulations, and/or rules established by the relevant P-operator, or which are otherwise applicable in relation to the Parking Lot where the User parks the vehicle;

r) error or insufficient functionality (such as the equipment being switched off or having a discharged or dead battery) relating to the Customer’s or any User’s (i) telephone, (ii) Mobile phone, or (iii) other technical equipment (e.g., a vehicle’s infotainment system), as the case may be, which may result in a parking or a Charging Session not being started or extended (whereby the User risks, e.g., a parking fine) or not being ended correctly (whereby the Customer risks, e.g., to pay too much for the User’s parking or charging);

s) failure, disruption or delay in telephone, Internet, or other communication network provided by a party other than EasyPark, or any telecommunication operator’s actions or omissions affecting the Services’ functionality or its availability, which, e.g., may result in the Customer’s or User’s Mobile phone or other technical equipment not being able to communicate with the EasyPark System and a parking or a Charging Session not being started or extended (whereby the User risks, e.g., a parking fine) or not being ended correctly (whereby the Customer risks, e.g., to pay too much for the User’s parking or charging);

t) error or defect in a technical function, which specifies the amount of the relevant Parking Cost or Charging Cost;

u) error or defect in a CameraPark System (including any misreading of a number plate); v) the Service having been cancelled by EasyPark due to reasons that prove to be incorrect, but which EasyPark had reason to believe were correct at the time of the cancellation, and which justified the cancellation;

w) disruption in or inadequate access to one or several Services, which EasyPark could not reasonably have foreseen;

x) a Charging Station not functioning correctly;

y) a Parking Lot/Charging Station proposed by EasyPark not being available when the User arrives there;

z) any User’s EasyPark Card having been lost or stolen without the Customer or User, as the case may be, informing EasyPark thereof, or otherwise been subject to unauthorised use; aa) the Customer or any User, as the case may be, not having informed EasyPark of a known or suspected misuse of the Licence Plate Number of a vehicle registered for use of Automatic CameraPark;

bb) a Mobile phone, on which the User has installed the App, or a vehicle, in which the User has installed the Car App, being lost or stolen and the Customer or the User not having duly informed EasyPark about this;

cc) the GPS function of the Mobile Phone (in relation to the App) or in-car system (in relation to the Car App) is faulty or not accurate;

dd) the Customer or any User, as the case may be, not having deactivated the Automatic CameraPark service in relation to a vehicle;

ee) unauthorised use of the Login Credentials and/or the Services,

ff) any action or inaction of any User; or

gg) Force majeure (see section 15).

11.5 EasyPark is not liable for any damage or loss incurred by any User.

12 The Customer’s liability

12.1 The Customer shall indemnify and hold EasyPark harmless against any damages or losses suffered by EasyPark as a consequence of the Customer’s, or any User’s fault or negligence, the Customer not having discharged its duties under the Agreement or otherwise not complied with EasyPark’s instructions, any User not having discharged its duties under these General Terms and Conditions or otherwise not complied with EasyPark’s instructions, and any action or inaction of any User, in connection with such User’s use of the Services.

12.2 The Customer shall also indemnify and hold EasyPark harmless against any third party claims being made against EasyPark, which are a direct or indirect consequence of the Customer’s or any User’s use of any Service.

13 Complaints

13.1 In case of a defective Service or an erroneous charge or fee, the Customer shall submit a written complaint to EasyPark’s customer service without delay, and at the latest within 60 days from when the relevant Service started to be provided, or, if later, from when the Customer became, or should have become, aware of the relevant erroneous charge. The complaint shall clearly specify the nature of the defect or error. The Customer and the User, as relevant, shall provide reasonable assistance to EasyPark in connection with any investigation made due to the complaint.

13.2 Complaints regarding erroneous Parking Costs or Charging Costs; are handled and decided upon in dialogue with the relevant P-operator or Partner. If and when such a complaint is approved, EasyPark shall without delay credit the Customer with the relevant amount. If the complaint is rejected, EasyPark shall notify the Customer of the outcome of the handling of the complaint and motivate the decision. Complaints related to a CameraPark System will be referred to the relevant P-operator.

13.3 EasyPark may at any time, whether prior to or after the Customer has been credited by EasyPark for any fees or other charges pursuant to section 13.2 or otherwise, require the Customer and/or User to object to any corresponding claim of a P-operator, Partner or other third party, as the case may be, as part of the Customer’s and User’s reasonable assistance and cooperation. In addition, pursuant to EasyPark’s written request, the Customer and User shall procure that EasyPark is allowed to handle any negotiation or dispute with any third party in relation to a dispute or potential dispute in respect of such fees or charges claimed from or credited by EasyPark. This includes granting EasyPark all authorisations and all assistance reasonably required to enable EasyPark to defend, at its own cost, against such claim or potential claim and to agree to any settlement or otherwise compromise or discharge such claim.

14 Term, early termination, etc.

14.1 The Agreement is effective from the confirmation of the Customer account registration by EasyPark (see section 1.5) until it is terminated in accordance with the terms of the Agreement, or as otherwise agreed in writing.

14.2 Unless otherwise is agreed between the Parties in the Agreement, the Customer may terminate the Agreement:

h) with immediate effect, if the Customer has selected a Product Package without fixed monthly fee; or

i) as per the end of the next calendar month following the notice of termination, if the Customer has selected a Product Package with a fixed monthly fee (in full or in part).

14.3 EasyPark has the right to immediately suspend the Customer’s and any User’s access to the Services, cancel the Customer’s and any User’s respective user account and/or terminate the Agreement with immediate effect if:

a) the Customer is in material breach of any of its undertakings under the Agreement; b) the User is in material breach of any of its undertakings under these General Terms and Conditions;

c) the Customer does not fulfil, or there is a reasonable reason to assume that the Customer will not fulfil, its payment obligations in relation to EasyPark, or does not have a valid payment card or any other payment method registered through EasyPark;

d) the Customer, according to EasyPark’s reasonable assessment, could be expected to become insolvent;

e) the Customer uses the EasyPark System or any Service in violation of the Agreement, or in a way which may be detrimental or cause damage to EasyPark or any third party;

f) the User uses the EasyPark System or any Service in violation of these General Terms and Conditions, or in a way which may be detrimental or cause damage to EasyPark or any third party;

g) there is any material change in the Customer’s ownership structure;

h) the User has repeatedly parked its vehicle in violation of applicable laws, regulations, and/or rules established by any relevant P-operator;

i) the Customer or the User, as the case may be, has provided incorrect, incomplete or misleading information;

j) the Customer does not duly provide any guarantee or security requested pursuant to section 8.7; or

k) EasyPark, based on an overall assessment, considers it likely that the Customer or the User, as the case may be, may be involved in, or linked to, criminal activity.

14.4 EasyPark may terminate the Agreement or stop providing the Services at any time, as a whole or in parts, subject to a notice of termination. The notice of termination is effective as per the end of the next calendar month following the delivery of notice of termination.

14.5 If the Customer has selected a Product Package, for which the Customer pays in full or in part a fixed monthly fee, it is the Customer’s responsibility to terminate the Agreement if any registered vehicle has been sold, is temporarily deregistered, or otherwise will not be used, or if a User is no longer associated to the Customer.

14.6 Termination of the Agreement by the Customer shall be made in writing to the customer service department referred to in section 21.

14.7 Termination of the Agreement (for whatever reason) shall not affect any rights and/or obligations incurred by a Party prior to the date the Agreement is terminated.

15 Force Majeure

EasyPark shall not be responsible or liable for failure or delay in carrying out the terms of this Agreement resulting from any cause or circumstance beyond EasyPark’s reasonable control, including, but not limited to, fire, flood or other natural disasters, epidemics, acts of war, terrorist actions, labour conflicts, failure, disruption or delay in telephone, Internet or other communication network, restrictions in the general traffic, accident, explosion, disturbances, legislation or measures taken by governmental authority.

16 Information, Personal Data

16.1 The Customer agrees that EasyPark may identify the Customer as a customer and use the Customer's logo and trademark in EasyPark's promotional materials. The Customer may request that EasyPark stops doing so by contacting EasyPark. The Customer acknowledges that it may take EasyPark up to 30 days to process such request.

16.2 The Customer acknowledges that EasyPark may share information regarding (the Customer’s use of) the Services to P-operators and Partners in order to discharge its duties in relation to them. Furthermore, the Customer acknowledges that EasyPark may report any misuse of the Services, illegal activities, fraudulent or inappropriate behaviour and/or suspicions thereof to the police or any other competent authority.

16.3 Personal data is processed and handled in accordance with applicable legislation for the protection of personal data and in accordance with EasyPark’s privacy policy.

17 EasyPark in other countries

17.1 EasyPark is part of a group of companies (each an “EP Company”) who provide services substantially corresponding to the Services provided by EasyPark (the “EP Services”), in the countries (exclusive of any country listed as a franchise) which are from time to time listed on www.easyparkgroup.com (each an “EP Country”). Please visit www.easyparkgroup.com for information on places within an EP Country where the EP Services may be used.

17.2 If a User visits another EP Country (i.e., another country than Belgium), the User may use the EP Services for business purposes, provided that the Customer and the User, respectively, agrees to the applicable general terms and conditions of the local EP Company.

17.3 When using the local EP Services, the User and the Customer enters into a contractual relationship with the local EP Company while also remaining a Customer of EasyPark. 17.4 The EP Services are provided by the local EP Company, and when the Customer/User uses the EP Services, it is a customer of the local EP Company. However, when using the EP Services, the Customer makes payment to EasyPark (and not to the local EP Company). The daily exchange rates published by the Swedish Central Bank are used to convert any fee charged in any EP Country to Euro.

18 Amendments, assignment, etc.

18.1 EasyPark reserves the right to amend these General Terms and Conditions and/or any Special Terms and Conditions. In such case, EasyPark shall promptly inform the Customer within a reasonable term before any changes become effective. The Customer then has the right to terminate the Agreement within that period in accordance with section 14.2. EasyPark shall make the new version of the General Terms and Conditions and/or any Special Terms and Conditions available to the Customer. Should the Customer and/or the User thereafter continue to use the Services, the Customer and the User shall be deemed to have accepted the amendments.

18.2 The General Terms and Conditions and any Special Terms and Conditions applicable from time to time are available on the Website.

18.3 EasyPark has the right to assign, in full or in part, its rights and/or obligations under the Agreement to any other person or party without the Customer’s consent. Furthermore, EasyPark has the right to employ sub-contractors to discharge its duties under the Agreement.

18.4 The Customer may not assign its rights and/or obligation under the Agreement to any other person or entity, without EasyPark’s written consent.

18.5 The User may not assign its rights and/or obligation under these General Terms and Conditions, to any other person or party without EasyPark’s written consent.

19 Miscellaneous

19.1 The Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof.

19.2 These General Terms and Conditions constitutes the entire agreement between EasyPark and the Customer/User with respect to the subject matter hereof.

19.3 All notices or other communications under the Agreement shall be made through the Portal, e-mail and/or the (Car)App.

19.4 The Parties agree that, should any provision of the Agreement be held invalid or unenforceable, such provision and the other terms and conditions of the Agreement shall apply to the extent allowed.

19.5 EasyPark and the Customer/User agree that, should any provision of these General Terms and Conditions be held invalid or unenforceable, such provision and the other terms and conditions of these General Terms and Conditions shall apply to the extent allowed.

19.6 Neither the Agreement nor these General Terms and Conditions do confer any exclusive rights or obligations to either Party.

19.7 These General Terms and Conditions (as well as any other terms and conditions which form part of the Agreement) are available in several languages, out of which the language version in the same language as the Agreement constitutes the original language version. The Parties acknowledge that in case of any discrepancies between the language versions of the General Terms and Conditions, the original language version shall prevail.

20 Applicable law and disputes

20.1 The Agreement, these General Terms and Conditions, and any Special Terms and Conditions shall be governed by and construed in accordance with Belgian law.

20.2 Any dispute, controversy or claim arising out of or in connection with the Agreement, these General Terms and Conditions and any Special Terms and Conditions, respectively, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of three arbitrators. The seat of arbitration shall be Brussels. The language to be used in the arbitral proceedings shall be English. This section 20 shall survive the termination of the Agreement.

21 Customer service

EasyPark’s customer service answers questions regarding the Agreement, these General Terms and Conditions, any Special Terms and Conditions, and the Services provided by EasyPark, during office hours during business days in Belgium.

Telephone number: +32 (0) 643 12000

Email address: service@easypark.net

* * *

SPECIAL TERMS AND CONDITIONS FOR THE GUEST PARKING SERVICE

Effective as of 27 March 2024

1 General

1.1 These special terms and conditions for the Guest Parking Service (the “Guest Parking Terms and Conditions”) apply in addition to EasyPark’s general terms and conditions for business customers (the “General Terms and Conditions”) when EasyPark provides the Guest Parking Service (as defined below), which is an Additional Service, to Customers in Belgium.

1.2 The Guest Parking Service is provided in accordance with mandatory law and in accordance with:

any individually agreed terms and conditions;
these Guest Parking Terms and Conditions; and
the General Terms and Conditions.

In case of deviation between the abovementioned provisions, they shall take precedent in the abovementioned order.

1.3 Terms defined in the General Terms and Conditions shall have the same meaning in these Guest Parking Terms and Conditions unless otherwise is explicitly stated.

2 The Guest Parking Service

2.1 Through the “Guest Parking Service”, the Customer is able to, through the Portal, notify the relevant P-operator of when a parking made by a customer of the Customer (a “Third-party User”) starts and ends, and if necessary, extend the parking time. However, in relation to certain Parking Lots, as indicated in the Portal, the Customer can only notify the P-operator of a fixed parking time, which cannot be prematurely ended or extended.

2.2 The Guest Parking Service also includes, as applicable, (i) the purchase and resale to the Third-party User by EasyPark of the right to park in a certain parking spot from the relevant P-operator and/or (ii) the collection by EasyPark of payment of the relevant Parking Cost.

2.3 The Customer is responsible for any Third-party User’s parking via the Guest Parking Service (including, but not limited to, the liability to make payment for such use, as the case may be), and shall procure that such use is in accordance with the Agreement. The Customer shall inform any Third-party User of the contents of the General Terms and Conditions and these Guest Parking Terms and Conditions from time to time, and shall procure that the Third-party User’s parking via the Guest Parking Service complies with the General Terms and Conditions, these Guest Parking Terms and Conditions and any instructions given by EasyPark from time to time. The Customer is responsible for any fault, negligence or breach by any Third-party User.

3 Access to the Portal, etc.

A pre-condition for the Customer to gain access to the Portal is that EasyPark has approved the Customer for the use of the Guest Parking Service. Such approval may be granted upon the Customer’s request.

4 Terms of use

4.1 The Guest Parking Service can only be used at Parking Lots, which:

(i) at any given time are specified in the list “EasyPark works here”, which is available on the Website; or

(iii) are not indicated as non-compatible with the Guest Parking Service in the Portal. 4.2 When using the Guest Parking Service, the Customer shall start a parking by activation via the Portal. In order to make sure that the parking has started correctly, the Customer shall check that a confirmation of the started parking has been received via the Portal.

4.3 When using the Guest Parking Service, the Customer shall in connection therewith specify the parked vehicle’s Licence Plate Number and the relevant Parking Lot. The Customer is responsible for specifying the correct Parking Lot and Licence Plate Number. EasyPark assumes no liability if the wrong Parking Lot or Licence Plate Number has been specified (see section 6.1.1a)).

4.4 EasyPark provides information regarding parking made by a Third-party User in the Portal, and such information is generally stored for at least twelve months.

5 The Customer’s undertakings and responsibility

5.1 The Customer shall always comply, and shall procure that any Third-party User always complies, with applicable laws and regulations, and the rules established by the relevant P-operator at any given time, or which are otherwise applicable in relation to the Parking Lot where the Third-party User parks the vehicle.

5.2 The Customer is responsible for starting the parking correctly and ascertaining that the specified Parking Lot and Licence Plate Number is correct, as set forth in section 4.3. 5.3 The Customer is responsible for procuring that a started parking is ended. If the Customer did not state a preliminary end time or a total parking time when the parking was started, the Customer is responsible for ending the parking manually.

5.4 If the Guest Parking Service is not available or is out of function when the Third-party User shall park or at any time during the Third-party User’s parking (e.g., due to reasons attributable to the technical equipment used by the Customer, or failure, disruption or delay in telephone, Internet, or other communication network), the Third-party User or the Customer, as the case may be, is responsible for making proper payment to the P-operator in any other way instructed by the P-operator (e.g., by payment in relevant parking meter), whereby EasyPark for the avoidance of doubt, will not be providing the Customer with any Guest Parking Service in relation to such parking.

5.5 The Customer or the Third-party User, as the case may be, is responsible for any parking fines and fees or charges for incorrect parking (which may be notified or collected in connection with parking violations), and the payment thereof. Any parking violation is a matter between the Customer or the Third-party User, as the case may be, and the relevant P-operator or the police authority. EasyPark remains neutral in such disputes, however, EasyPark may at its sole discretion and extent provide information to the disputing parties.

6 Liability

6.1 EasyPark’s liability

6.1.1 In addition to the limitation of EasyPark’s liability pursuant to section 11 of the General Terms and Conditions, EasyPark is not liable for any damage or loss incurred by the Customer caused by: a) the Customer’s or any Third-party User’s fault or negligence, including that the Customer has (i) not correctly started or ended a Guest Parking Service, or (ii) specified the wrong Parking Lot or Licence Plate Number when starting a parking;

b) any Third-party User having parked a vehicle in violation of applicable laws, regulations, and/or rules established by the relevant parking operator, or which are otherwise applicable in relation to the Parking Lot where the Third-party User parks the vehicle; or

c) any action or inaction of any Third-party User, as the case may be.

6.1.2 EasyPark is not liable for any damage or loss incurred by any Third-party User. 6.1.3 EasyPark is not liable for any damages in relation to any Third-party User’s relationships with any third party.

6.2 The Customer’s liability

6.2.1 The Customer irrevocably assumes the liability to make payment for any Parking Cost incurred by any Third-Party User, when using the Guest Parking Service.

6.2.2 In addition to section 12.1 of the General Terms and Conditions, the Customer shall indemnify and hold EasyPark harmless against any damages or losses suffered by EasyPark as a consequence of any Third-party User’s fault or negligence, and any action or inaction of any Third-party User, in connection with such Third-party User’s use of the Guest Parking Service.

7 Miscellaneous

7.1 Irrespective of section 10.3 of the General Terms and Conditions, the Customer may use the Guest Parking Service for commercial purposes.

7.2 In addition to section 13.1 of the General Terms and Conditions, the Customer shall procure that any Third-party User provides reasonable assistance to EasyPark in connection with any investigation made due to a complaint.

7.3 In addition to section 14.3 of the General Terms and Conditions, EasyPark has the right to immediately suspend the Customer’s and any User’s access to the Services, cancel the Customer’s and any User’s respective user account and/or terminate the Agreement with immediate effect if:

a) Third-party Users have repeatedly parked vehicles in violation of applicable laws, regulations, and/or rules established by any relevant P-operator; or

b) EasyPark, based on an overall assessment, considers it likely that any Third-party User may be involved in, or linked to, criminal activity.