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General Terms and Conditions of Sale

Table of contents

Article 1. Definitions
Article 2. Legal framework – Terms and Conditions of the Contract
Article 3. Customer’s Obligations and Guarantees
Article 4. Presentation, features and term of the Service offer
Article 5. Ordering Process and Special Conditions of the Services
Article 6. Personal Account
Article 7. Financial Conditions
Article 8. Retraction
Article 9. Liability
Article 10. Complaints
Article 11. Intellectual Property Rights
Article 12. Personal details
Article 13. Archiving – Proof
Article 14. Miscellaneous Provisions

These General Terms and Conditions of Sale (hereinafter referred to as “General Terms and Conditions”) govern the services provided on the website www.parkindigo.be (hereinafter referred to as the “Website”) by the Indigo group through its subsidiary Indigo Park Belgium, public limited company headquartered in 9051 Sint-Denijs-Westrem, 21 Bijenstraat, under company number 0449598562, as well as the various other subsidiaries that are the owner or holder of car park operating contracts (hereinafter referred to as “Indigo”).

Article 1. Definitions

Terms in the General Terms and Conditions starting with a capital letter, have the meaning as indicated in their context or as determined below, regardless of whether they are used in singular or plural form.

“Customer”: refers to any adult natural person who has the authority to conclude a contract or any legal person who aims to proceed to the purchase of one or more Services provided by Indigo on the Website.

“Order”: refers to the Customer’s intent to legally accept an offer of Services, marketed by Indigo on the Website.

“Parking”: refers to a car park in Belgium, operated by a company of the Indigo Group and where the Customer can use one or more Services.

“Service(s)”: refers to all of the services provided by Indigo to the Customer on the Website and in particular the purchase or renewal of season tickets and the reservation of parking spaces, for light vehicles and motorised two-wheelers not exceeding the maximum height as indicated in the description of the car park providing such Services.

“Proof of access”: refers to a badge, encoded card, key, remote control or any paperless proof of access with which the Customer who holds a valid season ticket contract can gain access to the Car Park for which said season ticket was purchased.

Article 2. Legal framework – Terms and Conditions of the Contract

As regards their description and implementation terms, the Services provided by Indigo are subjected to:

  • the presentation of the Service offers on the Website;
  • these general Terms and Conditions, including particular conditions specific to each Service;
  • the internal regulations in force in the relevant Car Park, more particularly applicable parking conditions, safety and traffic rules.

These conditions, all of which hold the same contractual value, constitute the contract that binds Indigo and the Customer.

Each order of Services by the Customer, in accordance with the process as described under Article 5 below, assumes full acceptance without reservations of these General Terms and Conditions by the Customer. The Customer shall expressly abstain from their own purchase or other terms and conditions, by ticking the box next to “I confirm to have read the General Terms and Conditions of Sale for Services and the General Terms of Use and to accept them in full”.

These General Terms and Conditions shall prevail over any other general or special terms and conditions of purchase or sale of the business Customer, which were not expressly accepted by Indigo.

Article 3. Customer’s Obligations and Guarantees

Legal competence. If the Customer is a natural person, acting in their own name or as the representative of a corporation, guarantees that they are of age and have the full legal right to conclude a contract for an offer of Services and that they will use the Website in compliance with these General Terms and Conditions.

Accuracy of provided information. The Customer expressly guarantees that the personal info provided when creating their personal account and/or upon completion of the Order Form is correct. It is the Customer’s responsibility to ensure that the information (identity, e-mail address, mailing address, etc.) provided with the Order is correct and is kept up-to-date, where applicable.

Contractual provisions and standards to be complied with. By placing an Order on the Website, the Customer undertakes to respect these General and Special Terms and Conditions, the internal regulations in force within the Car Park, safety and police regulations applicable in the Car Park, more particularly indications as regards speed limits to be respected within the Car Park and more generally also the Traffic Code, as well as instructions issued by the Car Park operating team, and to have them respected by their representative, where necessary.

Article 4. Presentation, features and term of the Service offer

4.1 Presentation of the Services

Season ticket service. This Service refers to the purchase of a season ticket or the renewal of an identical season ticket, which provides access to the Customer to a specific Car Park, for a specific period and for the parking of light vehicles and motorised two-wheelers with a height not exceeding the maximum height as indicated in the features provided on the Website for said Car Park providing these Services. A season ticket only covers one specific vehicle and is only linked to a single Access card.

Space reservation service. This Service refers to the reservation of one or more spaces in a Car Park for a specific vehicle, solely for a specific date and time and for hourly parking (cannot be taken out by customers with a season ticket). This Service only applies to light vehicles and motorised two-wheelers with a height not exceeding the maximum height, as indicated in the Car Park’s features on the Website. This will be terminated immediately upon departure of the vehicle, regardless of the parking period provided by the Customer when placing their Order.

Description. Descriptive sheets of Services as posted on the website are aimed at informing Customers of the nature and critical features of the Services provided by Indigo. The info sheets on the Services provided by Indigo on the Car Parks, are to inform the Customers of the nature of the Car Parks and the critical features of the Services, as presented by Indigo in the Car Parks, prior to the Customer placing an Order.

4.2 Validity

The offer of Services by Indigo on the Website is valid as long as it is posted online or falls within the limitations of the available offers for the relevant Car Parks at the time of the Order.

4.3 Promotions and Special Offers

Promotions and special offers that are available for specific Services or in specific Car Parks are specified on the Website and are only valid for the expressly indicated period and as long as supplies last.

4.4 Parking

The Customer can only park insofar as spaces are available when they access the Car Park with their vehicle and in parking bays that are not reserved for other customers, potentially even only within the area allocated to them. The vehicle shall not remain within the Car Park for a period longer than 15 (fifteen) consecutive days, unless specifically agreed by Indigo.

The Customer is informed of and accepts that Indigo can move the Customer’s vehicle, where necessary, in the event of disasters, assumed danger or after the Customer has failed to respond to a justified query, more specifically in the event of works in the relevant Car Park.

Article 5. Ordering Process and Special Conditions of the Services

5.1 Season Ticket Service (purchase and renewal)

Ordering process. Ordering through the Season Ticket Service (purchase or renewal) on the Website by the Customer takes place as described below and each step will be validated online:

1. Awareness of the critical features of the Season Ticket Service(s) as posted on the Website and choice of Season Ticket Service(s) (choice of Car Park, formula and length of the season ticket, etc.)
2. Creation of a personal account by the Customer in compliance with the procedure as described below under Article 6, or, in the event that such a personal account has already been created, identification of the Customer on their personal account. The Customer shall ensure that the information introduced is accurate, complete and up-to-date. Any incorrect input or deliberately inaccurate information shall be the Customer’s responsibility.
3. Acceptance without reservations of the General Terms of Use of the Website and of the General Terms and Conditions.
4. Verification by the Customer of the information in the overview of the purchased or renewed Season Ticket Service in which all choices are included (such as relevant Car Park, length of season ticket and/or of parking, type of season ticket, etc.) and the total price owed for the ordered Services. When the Customer renews the season ticket, they will be reminded of the terms of the initial season ticket.
5. Validation of the Order by the Customer.
6. Input and validation of details with respect to the online payment system through a secure payment interface.
7. As soon as payment has been recorded, proof of payment is displayed (for the value of a payment with a bankcard) as well as a link to the Order invoice, which will be stored in the Customer’s personal account.
8. As soon as Indigo has received payment, Indigo will send a confirmation e-mail for the Order to the address provided by the Customer, detailing order number and overview. The Order will only be officially validated by Indigo once this confirmation has been received.

In the event that the Customer has not received said confirmation, it is their responsibility to contact Indigo Customer Service through the Contact section on the Website. Indigo recommends that the Customer print off and/or save the confirmation on a reliable and durable support, as well as the proof of payment and the invoice, as evidence, where necessary.

Restriction. The purchase or renewal of a season ticket only applies to a single vehicle and for the period or term as indicated in the confirmation of the Order and/or on the invoice. The Customer shall not relinquish, in full or in part, the rights and obligations resulting from their Order.

Parking in violation of the General Terms and Conditions or special conditions applicable to the purchased Season Ticket Service shall always and immediately be paid in situ in accordance with valid rates applicable to the Car Park’s regular customers.

Proof of access to the Car Park. After the initial purchase of a season ticket, the Customer shall report to the office of the relevant Car Park manager with the vehicle’s registration in their name, the Order number and a copy of the invoice printed off from the Website, to collect a pass to the Car Park, typically in the form of a card.

Upon renewal of a season ticket in identical form, the card issued to the Customer earlier is once again validated for the new period without the Customer having to report to the relevant Car Park manager’s office again. The Customer shall use (one of) the card(s) received from Indigo each time they enter or exit the Car Park with their vehicle, during the full period of their season ticket. In the other case, the Customer can still drive into and out of the Car Park, but in that case they must pay the valid rate for the Car Park’s regular customers in situ.

Cards issued to the Customer shall remain the sole property of Indigo. The Card is potentially issued in exchange for a guarantee of which the amount is determined before validation of the Order, to be paid by the Customer and indicated on the invoice that is available in the Customer’s personal account on the Website.

The Customer shall at all times remain responsible in the event that third parties should use the access card. Any loss, theft or damage of the Access card shall be reported immediately in writing to the relevant Car Park. The card can be replaced if the Customer pays a fixed amount today established at (30) euros.

In the event that the Customer does not satisfy the contractual terms as laid down under Article 2, more in particular if they do not pay, Indigo reserves the right to deactivate the Access card and deny access to the relevant Car Park on the basis of said Access card. The Customer can nonetheless continue to enter the Car Park as a regular customer.

Return of Access cards. As soon as the purchased Service terminates, for any reason whatsoever, the Access card shall be deactivated and the Customer is to return it to the Car Park. This return is decisive for the refund of any guarantee to the Customer, which shall remain acquired to Indigo in the event that the card is not returned within one (1) month following the end of the Service.

Termination. Without prejudice to the remaining rights resulting from these General Terms and Conditions, in the event that the Customer does not meet any of the contractual conditions imposed under Article 2, more in particular with respect to payments, Indigo reserves the right to terminate the contract lawfully and this without further formalities, 8 (eight) days after submission of an initial registered letter with acknowledgement of receipt for a notification that remains without response. By way of compensation, Indigo is entitled to demand immediate payment of each outstanding amount according to the contract and in any case, to keep any sum already paid for this purpose.

5.2 Reservation service and parking spaces

Ordering process. The online Order for a Reservation service by the Customer takes place in accordance with the process described below, whereby each step is to be validated online:

1. Choice of Car Park, awareness of the features of the Car Park and the Reservation service under the section “Reserve a parking space” on the Website.
2. Completing all required information fields on the form for the registration of the reservation (date and hour of arrival, anticipated parking duration, vehicle number plate, last name, first name, e-mail, telephone, address, postcode, city).
3. Acceptance without reservations of the General Terms of Use and of the General Terms and Conditions of the Website.
4. Verification by the Customer of the information included in their reservation overview, with all choices made by them beforehand.
5. Validation of the Order by the Customer.
6. Input and validation of details with respect to the online payment system through a secure payment interface.
7. As soon as payment has been recorded, proof of payment is displayed (for the value of a payment with bankcard).
8. As soon as Indigo has received payment, Indigo will send a confirmation e-mail for the Order to the address provided by the Customer, which includes order number and overview as well as invoice for the reservation fees. The Order will only be permanently validated by Indigo once this confirmation has been received.

This Service corresponds with the reservation of one or more parking spaces in a specific Car Park for which said Service is provided, for a specific date and time, on the basis of a limited number of spaces and is therefore offered to the Customer within the limitation of the number of available spaces at the time of the online reservation.

The reservation of parking spaces takes place using the online form referred to in the above Step 2, whereby the Customer is to complete as many forms as parking spaces they intend to book.

The Customer is warned about the fact that the Reservation cannot be amended or cancelled once Payment has been validated as described in the above process. Reservation fees shall permanently become the property of Indigo and shall not be refunded.
The Reservation of a parking space can be paid online with a bankcard, in the form of a fixed reservation amount that varies depending on the time at which the reservation is made, as indicated on the Website. The price of the Reservation service does not include the amount (hourly rate) for parking itself (the reservation service for a parking space cannot be used by customers with a season ticket), which must be paid directly in the relevant Car Park.

The Reservation service allows the Customer to book a designated parking space available at the time of arrival as indicated in the Order and from the time at which they arrive in the relevant Car Park as provided by the Customer during the Ordering process. Indigo is unable to guarantee the availability of a parking space in the Car Park for early or late arrivals (the data on the access ticket is binding). As soon as the vehicle(s) leave the Car Park, the Reservation service for the parking space expires and this regardless of the anticipated parking time provided by the Customer during the Reservation process.

Article 6. Personal Account

6.1 Creation

Customers who wish to order a season ticket must first register on the Website and create a personal account. This personal account will enable them to access their information, to make amendments or update their account, to renew a Season ticket or to purchase new Season ticket services.

When opening a personal account, the Customer shall complete all mandatory and required information fields, since the Customer is duty bound to provide correct, complete and unexpired information to Indigo. The Customer undertakes to update data, where necessary.
Anyone who is already in possession of a valid season ticket contract with a company within the Indigo group may, at the initiative of Indigo, receive disposable login details by post to connect to the relevant Car Park. Using this login, they can, should they wish to create a personal account on the Website, import the Services they may already enjoy elsewhere.

6.2 Security, loss, theft of login and/or PIN code

When creating a personal account, the Customer provides a valid e-mail address, which is used as a login and chooses a PIN code. The login and PIN code created and forwarded to the Customer are strictly confidential and intended for personal use only, which is why the Customer undertakes not to disseminate it to anyone or in any way whatsoever. The Customer is solely responsible for its security and shall be deemed responsible for all operations and actions performed from their personal account.

In the event of loss, theft or misappropriation of their personal login or PIN code by a third party, the Customer shall immediately inform Indigo, as soon as they become aware, through the Contact section on the Website and confirm this by letter for the attention of:

Indigo
Customer Service – Online Sales
21 Bijenstraat
9051 SINT-DENIJS-WESTREM

6.3 Responsibility

The Customer is responsible for the use of their personal account. Each connection, order for Services or forwarding of data from their account is considered to be made by the Customer and fully falls under the latter’s responsibility. Should the Customer fail to comply with these General Terms and Conditions, Indigo reserves the right to proceed to the removal of the Customer’s personal account, ex parte and without compensation, after the notification sent by Indigo to the Customer remains without response in excess of (48) hours, commending on the day of dispatch.

Article 7. Financial Conditions

7.1 Prices

The prices of the Services posted on the Website are provided in euros and include all taxes. The provided Service shall be invoiced on the basis of the rate valid at the time the service is purchased. Prices are calculated including VAT applicable on the day of the Order. Any amendment to the applicable VAT rate shall be automatically included in the price for the Service(s). The full amount must be paid when placing the Order. At no time shall the paid amounts be considered as down payments or advances.

Since this involves the Reservation service, it should be stressed that the parking fee is not included in the Reservation service price and must be paid on site in the relevant Car Park.

Indigo reserves the right to amend Service fees at any time, the new fees nonetheless only applying to Orders permanently validated after the date on which the fee was adjusted.

7.2 Payment

All purchases made on the Website can only be paid when ordered with the provided bankcard, through a secure payment interface based on current security technology.

In the event of issues during payment and more particularly if the payment authorisation with the bankcard is rejected by the officially accredited institutions, the Order shall be scrapped and the Customer will have to place a new order.

Invoices corresponding with Customer Orders for Season ticket Service are only available on the Customer’s personal account, accessible through the customer section on the Website.

7.3 Payment security

Indigo has entrusted Ingenico – Ogone with the management of distance and bankcard payments for Services.

The online payment of Services takes place through the secure distance and bankcard payment system that relies on the use of SSL V for data encryption and transfer technology. All information collected during the distance payment process is immediately encrypted and stored on Ingenico – Ogone’s secure payment server, and this 24/7.

The Customer is informed of the fact that the provisions with respect to any fraudulent use of their bankcard are the ones resulting from the agreement concluded between the Customer and the banking institution that issued the relevant card.

Article 8. Retraction

If the Customer is a natural person and no business owner, they are informed that they are entitled to retraction, as provided in the regulations under Article VI.67 of the code of 28 February 2013 of economic law, which can be invoked within a period of 14 (fourteen) days commencing on the day on which a Service was ordered by the Customer, insofar as such Service was not provided before the expiry of the period as indicated under Article VI.73 of the code of 28 February 2013 of economic law or insofar as said Service does not form an integral part of the exceptions described under Article VI.73

Customers who place an Order for a Reservation service or whose season ticket starts before the expiry of the period referred to below is therefore not entitled to retraction.

If this periods ends on a Saturday, Sunday, public holiday or day of industrial action, it will be pushed back to the next working day.

For faster follow-up in the event of retraction within the period, the Customer is requested to contact Indigo customer service, through the Contact section on the Website, and subsequently by letter to the following address:

Indigo
Customer Service – Online Sales
21 Bijenstraat
9051 SINT-DENIJS-WESTREM

This right to retraction is not subject to fees/penalties, except for potential return fees for the Access card, if the latter was already issued to the Customer.

In the event that the right to retraction is used, Indigo will refund the Customer within a period of maximum 30 (thirty) days following the date on which this right was implemented.

The Customer will receive a refund through a bank transfer to their bank account or (secure transaction).

Article 9. Liability

Indigo shall only be held liable within the limitations provided by common law on contractual liability, i.e., for the damage directly resulting from non-fulfilment of the imposed contractual obligations (breach of contract) and this for the amount not exceeding the amount of the Order. The following are considered to be consequential losses and are not compensated: Image damage, loss of opportunity, profit, income, turnover, data, customers or orders.

The Customer confirms to be aware of the features and limitations of the Internet, more particularly its technical performance, response time during queries, retrieving or forwarding data and the security risks linked to communication. Indigo shall not be held liable for non-execution of the Order, more particularly if the Website is not available.

Indigo shall not be held liable either or the subject of any complaint, as a result of non-provision or poor provision of a Service to the Customer if this can be attributed to the Customer or to the intervention of third parties who do not form part of the Service, or in the event of force majeure, as generally determined by the jurisdiction of the Belgian courts.

Article 10. Complaints

Any request for information, clarification or any complaints are to be sent through the Contact section on the Website.

Each parking-related question is immediately passed on to the Parking manager of the relevant Car Park.

Article 11. Intellectual Property Rights

The Website is a brainchild that is protected by the law on intellectual property. The Website in its entirety as well as each of the components of which it is made up (such as texts, data files, tree diagrams, software, animations, images, photos, illustrations, diagrams, logos, sounds, music) are the exclusive property of Indigo and is the only one entitled to invoke the related intellectual property rights, as well as the specific rights of the database producer.

Consequently and in application of the provisions of the Code of Economic law
and of international conventions, it is forbidden to represent, reproduce, amend, publish, adjust, use the Website on any support or in any way in its entirety or the components of which it is made up, for any other purpose than that of your personal private use without commercial motives, unless agreed to in writing by Indigo

Breach of these provisions will expose you to sanctions provided in the Code of Economic law and in the Penal code, more particularly with respect to violation of copyright and trademark law as well as to sanctions provided in the Civil Code as regards legal liability.

The brands, logos and domain names (such as Indigo, parkindigo.be, etc.) appearing on the Website are the exclusive property of Indigo. Any forgery or use of these brand or domain names, in any way whatsoever and for any purpose, is prohibited. Hyperlinks to the Website can only be created subject to the prior written permission of Indigo, permission, which can be rescinded at any time and without any compensation.

Article 12. Personal details

Indigo undertakes to respect laws and regulations in force and related to the protection of privacy.

The information received by Indigo from the Customer is required for the management and execution of their Order for Services (payment, invoicing) as well as for optimising parking in the Car Parks (facilitating and checking the vehicles’ entering and exiting).

This information also enables Indigo and its subsidiaries to send the Customer promotional offers or inform them of new Services, unless the Customer opts out.

In accordance with, in the latest adjusted and applicable law of 8 December 1992 on the protection of privacy with respect to the processing of personal details, the Customer has access rights, the right to correction, to objection and to removal of information involving them. To make use of this option, they are to contact this address: info.be@parkindigo.com, or they can phone +32 9 292 02 20

Article 13. Archiving – Proof

Automated administration, within reasonable security conditions stored in the IT systems of Indigo and/or its service providers, is considered to be proof of communication, of Order and of payment between the Parties.

Indigo archives invoices on a secure and sustainable support, which forms a reliable copy, in compliance with provisions under Article 1348 of the Civil Code and can be submitted as proof for the duration of the commercial guarantees on purchases and makes them available on the Website for a period of one year, commencing at the time of their issue.

Article 14. Miscellaneous provisions

14.1 Commencing date of the General Terms and Conditions – Amendments

The General Terms and Conditions have been in force since 30 January 2015 and apply to each Order placed after that date. This edition nullifies and replaces all previous editions.

Indigo reserves the right to amend these General Terms and Conditions at any time, without warning and providing that such amendments shall not apply to Orders placed before implementation of said adjustments. That is why it is essential that the Customer consult and accept these General Terms and Conditions when placing their Order, especially in order to ascertain which provisions apply to their Order.

Indigo recommends that the Customer save and/or print off these General Terms and Conditions to ensure sustainable storage, to enable them to invoke them where necessary and at any time, during the term of the contract.

14.2 Partial nullity

Each provision of the General Terms and Conditions that is potentially declared null and void or unlawful by a competent judge shall have no effect. The nullification of such a provision shall not impact the other provisions of the General Terms and Conditions or jeopardise their validity in full or for that which involves their legal impact. Indigo shall proceed to replace it with a provision with similar economic impact.

14.3 No renunciation of redress

The fact that Indigo does not use a provision from these General Terms and Conditions at a given time, shall not be interpreted as being equivalent to the latter’s relinquishment in order to subsequently invoke one of the cited provisions.

14.4 Force majeure

Each case of force majeure, as determined by the jurisdiction of the Belgian courts, including breakdown of telecommunication leads to the suspension of the obligations following the case of force majeure and releases the executing party from any responsibility with respect to the relevant obligation. The Customer shall therefore bear all valid consequences resulting from the occurrence of a case of force majeure with impact on the execution of Indigo’s obligations. The latter shall not be held liable or responsible as if they would have failed with respect to the provisions of these General Terms and Conditions, for any delay or failure if the reason for the delay or failure is a result of a case of force majeure.

14.5 Website

Indigo cannot guarantee that the Website will be free from any deviation, fault or bug, or that these can be remedied, or that the Website will be free from any discontinuities, breakdowns or interruptions, or that it will be compatible with the Customer’s material or specific configuration. Indigo shall under no circumstances be held liable for disruptions attributed to third-party software. Indigo shall not be held liable for anticipated or unanticipated damage, material or immaterial damage (including loss of profit or loss of opportunity, etc.) resulting from the use of or the full or partial inability to use the Website.

14.6 Third-party websites

The Website may include links to other sites or sources on the Internet. Since Indigo is unable to control said websites and external sources, Indigo shall not be held liable for the availability of said websites or external sources, and rejects any responsibility as regards content, advertising, products, services or any material whatsoever made available through said websites or external sources. These links are only supplied to facilitate the search for information for the Customer.

14.7 Applicable law and jurisdiction

These General Terms and Conditions are governed by Belgian law.
Each dispute related to the drafting, interpretation and/or execution of the General Terms and Conditions, shall in the first place and to the extent possible be settled amicably. If no amicable agreement can be reached within a month following the notification of the dispute by one of the Parties to the other, the Parties have the option to submit their dispute to the judgement of the competent Belgian courts.