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General terms and conditions for the temporary provision of spaces with access control for bicycle parking (bike lockers, local parking facilities, P+R and large car parks)

Preamble and general principles

Cycloparking is a web platform (managed since 1 January 2021 by the Brussels-Capital Region Parking Agency (hereinafter “parking.brussels”), a limited company under public law, created in accordance with Article 25, §1 of the Order of 22 January 2009 on the organisation of parking policy and the creation of the Brussels-Capital Region Parking Agency, registered with the Crossroads Bank for Enterprises under number 0833260781 and with its registered office at 1000 Brussels, Rue de l’Hôpital, 31 (Belgium)), which enables regular cyclists in the Brussels-Capital Region, who are looking for a parking solution for their bicycle, to find parking spaces with access control near their home or on their route.

In these General Terms and Conditions, “Cycloparking” will mean both the web platform referred to above and parking.brussels.

Cycloparking offers the User (hereinafter more fully defined) a service for the temporary provision of bicycle parking spaces with access control (hereinafter “the Services”) via its website www.cycloparking.brussels (hereinafter “the Website”), its customer service department or any other means allowing the User to have access to at least one bicycle parking space provided by Cycloparking.

In order to support soft mobility, bicycle parking spaces are intended for cyclists who frequently use the bicycle as a means of travel, who have a real need for an access controlled parking space (at least once in a period of 3 consecutive months).

The use of Cycloparking’s services is governed by these general terms and conditions (hereinafter “General Terms and Conditions”).

The User declares that they are aware of the need to have Internet access, at their own expense, and to have ensured that the configuration of their computer and mobile equipment is suitable and compatible with the use of the Services provided by Cycloparking.

The User acknowledges having read these General Terms and Conditions and understood and accepted them without reservation.

For any questions relating to these General Terms and Conditions or the Services offered by Cycloparking, the User is invited to consult the FAQ section of the Website (hereinafter “FAQ”). If the User does not find an answer to their question, they may also contact Cycloparking’s customer service department directly by email (cycloparking@Parking.brussels) or by telephone on 0800 35 678, Monday to Friday from 8.30am to 1pm and 2pm to 5pm (hereinafter referred to as the “Cycloparking Contact Information”).

 

1. Definitions

In these General Terms and Conditions, the following terms will be understood to mean:

1.1. “User”: any User using the Cycloparking Services, in particular having access to at least one bicycle parking space temporarily provided by Cycloparking, regardless of the means by which they received such access or accesses;

1.2. “Services”: all the services proposed, offered or provided by Cycloparking within the framework of its activity, notably the provision to the User of a Space, including via a cargo bike and/or Large Car Park subscription and an access device.

1.3. “Space”: the precise, personal and individual bicycle parking space temporarily provided by Cycloparking to the User, regardless of the type of parking (bike lockers, Local Parking facilities, park & ride, Large Car Parks) as indicated in the FAQ.

1.4. “Parking”: bike lockers, Local Parking facilities, park & ride, Large Car Parks, and any other location/site indicated by the FAQ on/in which one or more bicycle Spaces are located.

1.5. “Subscription(s)”: the subscription(s) offered by Cycloparking and taken out by the User, on a personal basis and/or for family members added to their account via the Website for the Services and one or more Spaces.

1.6. “Access devices”: the means allowing access to the Space, which are briefly described in the FAQ (badge, key, AirKey application, MoBIB card).

1.7. “Website”: the website www.cycloparking.brussels

1.8. “Account”: Users’ personal area on the Website, enabling them to manage their Subscription and Subscription request, including the “family account” referred to in Article 6.2. Family members added to a family account opened by a User are part of the User’s Account.

1.9. “FAQ”: the FAQ section of the Website.

1.10. “Cycloparking contact information”: the means by which the User may contact Cycloparking’s customer service department, i.e. the email address cycloparking@Parking.brussels and the telephone number 0800 35 678, available Monday to Friday from 8.30am to 1pm and 2pm to 5pm, which the User will use if they need to contact Cycloparking, as set out in these General Terms and Conditions.  For example, whenever these General Terms and Conditions request that the User contact Cycloparking by email, the User must use the email address indicated in this article.

1.11. “User Contact Details”: the means of contact provided by the User when subscribing to the Subscription on the Website, which Cycloparking will use in the event of the contact requirements set out in these General Terms and Conditions

Cycloparking and the User are hereinafter each referred to as a “Party” and jointly as the “Parties”.

 

2. Purpose

The purpose of these General Terms and Conditions is to define the terms and conditions under which Cycloparking provides the Services to the User, as well as their conditions of use.

 

3. Scope of application

3.1. These General Terms and Conditions are applicable to all Services provided to the User by Cycloparking. These terms and conditions apply to each visit or use of the Website, a Space and/or Access Device.

3.2. These General Terms and Conditions prevail over any general conditions, special conditions or any other document that the User may have sent to Cycloparking.

3.3. These General Terms and Conditions exclusively govern the relationship between Cycloparking and every User.

3.4. The User declares that they have read these Terms and Conditions and agree to comply with them. The Terms and Conditions are available and can be consulted at any time at the following address: www.cycloparking.brussels

3.5.1. Cycloparking reserves the right to change and update these General Terms and Conditions at any time and without notice.

3.5.2. The amended General Terms and Conditions apply to the User for each new use of the Service.

3.5.3. Without prejudice to Article 3.5.2, in the event of a modification and/or update to the General Terms and Conditions, Cycloparking will inform the User using their Contact Details within 15 working days of their coming into force, in accordance with Article 4.1.

3.6. The nullity, invalidity or unenforceability of one of the provisions of the General Terms and Conditions with the applicable legal or regulatory provisions, will not affect the validity of the other provisions of the General Terms and Conditions which will retain their full legal force.

A provision that is wholly or partially invalid, void or unenforceable will be deemed to be unwritten and will be replaced or deemed to have been replaced by a similar provision that complies with the law and that achieves, as far as possible, the same function.

 

4. Entry into force – Duration – Capacity

4.1. These General Terms and Conditions will come into force on the date that they are published on the Website and will be enforceable on the date of the first use of the Services by the User.

4.2. These General Terms Conditions are enforceable for the entire period of use of the Services and until they are replaced by new General Terms and Conditions.

4.3. The User, who may give up the use of the Cycloparking Services at any time, remains subject to the General Terms and Conditions until their Subscription expires or is terminated in accordance with Article 15.

4.4. The User expressly declares that they have the necessary power, authority and capacity to enter into and perform their obligations in relation to the use of the Website and the Services.

Only natural persons aged 18 or over are authorised to purchase a Subscription and become a User, without prejudice to Users with a Subscription being able to add one or more family members to their Account, in accordance with Article 6.2 and the information available in the FAQ.

Any person who is incapacitated within the meaning of Article 1123 et seq. of the Former Civil Code cannot become a User in any way.

 

5. Accessibility of Services

The Website and Services are normally accessible 24 hours a day, 7 days a week, except for Cycloparking’s customer service, which can be accessed as described in the Preamble of these General Terms and Conditions.

Cycloparking cannot be held responsible for interruptions in the availability of the Website and Services and the resulting consequences, when these interruptions are beyond its control.

Cycloparking reserves the right, without prior notice or compensation, to shut down the Website or remove access to one or more Services (including one or more Space(s)) temporarily in order to update, repair, modify or change operational methods, servers and access times, without this list being exhaustive.

Cycloparking reserves the right, without prior notice or compensation, to shut down the Website or one or more Services (including one or more Space(s)) permanently, or to prevent certain Users from accessing the Website or one or more Services in application of these General Terms and Conditions.

Cycloparking reserves the right to make any modifications and improvements to the Website and Services that it deems necessary or useful for the proper functioning of its Website and its associated Services.

 

6. Registration – Personal account – Family account

6.1. A User who wishes to use the Services must create a personal Account for this purpose using the Website (“My Account”).

To do so, the User must satisfy the conditions set out in Article 4.4 of these General Terms and Conditions.

6.2. A User who holds an Account has the option of adding one or more family members to this Account, in accordance with the information given in the FAQ, so that family members can use a Space, at the User’s request, subject to availability and the terms and conditions of the subscription and allocation defined in Article 7. If one or more family members are added, a “Family Account” is opened in “My Account” in order to manage the request for an additional Space for such family member(s).

For the application of these General Terms and Conditions, “Family member” means someone with a filiation link with the User and/or their spouse or legal or de facto cohabitant and being part of the User’s household (the household being defined as all the persons usually occupying the same dwelling and living in common).

Both adult and minor members of a User’s Account are thus entitled to a Space. The use of the Services by a User’s family member takes place under the sole responsibility of the User, who remains the sole manager of the Account.

When adding a family member to a User’s Account, Cycloparking reserves the right to request any information or supporting documents that will allow it to verify the family member status (as defined in this Article) of the person added to the Account.

6.3. When registering on the Website, the request for the allocation of a specific Space implies the communication of the User’s first name, surname, home address, email address and telephone number, as well as the choice of communication language between the Parties. This information will constitute the User’s Contact Details.

The addition of a User’s family member to their Account also requires the communication of the family member’s identification data (at least the surname(s) and first name(s)) and possibly contact details.

The communication of other useful information to determine whether a User or a family member registered on their Account can use a Space in accordance with these General Terms and Conditions and the allocation policy specified by Cycloparking in the FAQ may also be requested.

The User agrees to provide accurate, complete and up-to-date information.

The User will also be asked to choose a strictly confidential username and password.

A confirmation email will then be sent to the User.

6.4. The User is solely responsible for their Account, notwithstanding the addition of family members as described in Article 6.2. The User remains the sole point of contact for the Account and its members and is the only person entitled to apply for a Space, either personally or for a family member.

The User is responsible for maintaining the confidentiality of their username and/or password. The User is not entitled to distribute such access information, nor to allow others, including the family members referred to in Article 6.2, to use it to access “My Account”. Consequently, the User agrees to take reasonable measures to prevent others from obtaining the aforementioned access information and to report any unauthorised access directly to Cycloparking’s Customer Service Department by email or by telephone at the address or number indicated in the preamble of this document.

6.5. The User agrees to communicate any modification to their contact information and other data needed to register with “My Account” and the allocation of a Space to Cycloparking by email.

 

7. Conditions for purchasing a Subscription and the allocation of a Space

7.1. A Space is allocated to a User and/or a family member depending on the age of the request and the distance between the User’s home (or Point of Interest indicated at the time of registration) and the desired Space (“The Allocation Conditions”). Save for some exceptions, this distance must not exceed 500 metres.

When no Space requested by the User, which meets the Allocation Conditions according to the data registered by the User on My Account, is available, the User, as the applicant for a Space, will be placed on a waiting list until a Space is available for their personal use or for a family member.

7.2. When a Space which meets the Allocation Conditions is available for the User or a family member, Cycloparking will send an email to the User informing them of this and providing them with the payment terms for their Subscription and any deposit related to the Access Device (the “Allocation Proposal”).

The Allocation Proposal is only valid for a period of 7 calendar days from the date it is sent and expires at the end of this period, unless otherwise specified. Where appropriate, or in the event that the User rejects the Allocation Proposal or fails to pay in accordance with Article 8, the Space will be offered to the next User on the waiting list.

7.3. Only the actual payment of the Subscription and any deposit in accordance with the terms and conditions set out in the Allocation Proposal and/or in Article 8 will allow the Subscription to be taken out and the Space to be made available to the User for a period of one year, along with the activation of the Access Device for the allocated Space (as well as the possible collection or sending of the Access Device to the User if necessary).

7.4. Cycloparking reserves the right to verify the information communicated at any time and to refuse the service or the use of the Space if the information is erroneous, without having to justify its decision.

7.5. The User, if they are a consumer, has the right of withdrawal provided for in Articles VI.47 et seq. of the Code of Economic Law, insofar as the conditions of application of these provisions are met.

 

8. Payment of the Subscription

8.1. The provision of a Space by Cycloparking to the User and/or a family member is subject to a fee, in accordance with the rates indicated on the Website. For each request to allocate a Space (either personally or for a family member), a request for payment of the related Subscription will be sent to the User by Cycloparking in accordance with Article 7.

Cycloparking reserves the right to change its rates at any time. In the event that Cycloparking changes the rates, the new rates will take effect upon issuance of the next Subscription invoice, in accordance with Article 15.2.

The Subscription only takes effect from the actual payment and availability of the Space. The Subscription and deposit can only be paid online via the Website.

8.2. The User is responsible for paying the Subscription by the deadline indicated in the payment terms of the Allocation Proposal and/or in Article 7.2. for the total amount due. Payments are non-refundable except as provided for in these General Terms and Conditions.

8.3. The Subscription can be renewed in accordance with Article 15.

8.4. Cycloparking does not accept any responsibility in the event of an error due to the payment system. When using the Services, the User acknowledges and accepts that Cycloparking will obtain certain details of the transactions, which it will use in accordance with these General Terms and Conditions and the legal framework in force.

8.5. For Spaces with a badge or key (or any other physical Access Device provided by Cycloparking), in the event of non-renewal or termination of the Subscription in accordance with these General Terms and Conditions, the deposit will be returned when the badge/key (or any other physical access device) is definitively returned to Cycloparking, according to the terms and conditions that will be communicated to the User by email. In any case, this return can be made either by registered mail with acknowledgement of receipt to Cycloparking’s address (except for keys which, due to the risk of loss, must be physically returned), or the User can drop off the badges/keys at Cycloparking’s head office, from 8.30 am to 1.00 pm, in exchange for a receipt.

In the event of a non-return within two months of the expiration of the Subscription, the deposit amount is automatically acquired by Cycloparking.

8.6. The User declares that they are aware that all invoices issued are due in full and that cancellation of the Subscription may not under any circumstances have a retroactive effect on the invoices issued previously.

 

9. Use of the Services

9.1. The User can only access the Services by using the means/Access Devices provided and/or authorised for this purpose by Cycloparking.

9.2. With regard to Access Devices such as electronic cards (MoBIB), the AirKey application or any other mobile application available to the general public, it is the User’s responsibility to check that they have downloaded the application compatible with their phone and/or that they have a valid and functional electronic card. Cycloparking is not the manager of the electronic cards (MoBIB), the AirKey application or any other mobile application available to the general public for accessing Spaces, and the User expressly acknowledges that Cycloparking cannot be held responsible in any way for their operation and use. Cycloparking refers the User to the conditions of use and the general terms and conditions of the specific Access Devices that it does not manage with respect to their use and operation.

9.3. By using the Website and/or its Services, the User also agrees:

1. to use the Services only for their own use and not to resell them to a third party;
2. not to allow third parties to use their Account;
3. not to assign or otherwise transfer their Account to any other person or entity;
4. not to use the Services for illegal purposes, in particular to send or save illegal content or for fraudulent purposes;
5. not to use the Services to harm, embarrass or upset others;
6. not to compromise the proper functioning of the network;
7. not to disrupt the Services in any way.

9.4. The User agrees to comply, and to ensure compliance with, the General Terms and Conditions as well as the Internal Regulations (below), safety rules and signage of the Parking/Space provided.

9.5. Fraudulent use of the Website or use that contravenes the General Terms and Conditions may result in Cycloparking refusing access to the Services offered by the Website at any time, even if Cycloparking has confirmed access to the Services, without prejudice to any legal action available to Cycloparking before the competent courts by virtue of these General Terms and Conditions. Furthermore, Cycloparking reserves the right to terminate the Services immediately if the User does not comply with any of the rules stated above.

 

10. Access to Spaces/Parking

10.1. Accessibility of the Space depends on the Access Device compatible with that Space.

Regardless of the type of Access Device for the Space, this is strictly personal to the User. It is strictly prohibited to share it with third parties.

10.2. Unless otherwise agreed, the User will receive an Access Device compatible with the Space allocated to them after the payment referred to in Article 8.1. Cycloparking will inform the User that the Access Device has been sent once the Space referred to in Article 7.3 has been allocated.

Specifically concerning access to Spaces equipped with a key Access Device, the key must be collected from Cycloparking’s head office in accordance with the arrangements sent to the User by email. In the event that the User does not collect the key for their Space within two months of being notified of the information for its collection, the Subscription will be cancelled and the User will be reimbursed in full for their Subscription.

10.3. In the event of loss, theft or damage to the Access Device, the User must notify Cycloparking immediately by email.

A new Access Device will be provided to the User upon payment of a new deposit in accordance with Article 9.2.

10.4. If the Space is equipped with a new Access Device that is not provided by Cycloparking (e.g. MoBIB type transport card or other card or mobile application available to the general public), the initial deposit will be returned to the User in exchange for the original Access Device.

The User will be required to equip themselves with the new device in question, and to send the identification information for this device to Cycloparking in order to ensure the best possible continuity of service.

10.5. The User is prohibited from:

1. duplicating or modifying the Access Device, regardless of its type;
2. sharing the Access Device with third parties;
3. accumulating Access Devices.

10.6. If specific (access) conditions for Spaces apply in addition to these General Terms and Conditions, these will be indicated in the registration and/or allocation procedure set out in Articles 6 and 7.

10.7. In principle, the Space is accessible at all times. Cycloparking reserves the right to access it at any time.

Cycloparking also reserves the right to withdraw the accessibility and/or availability of the Space on certain dates, with the obligation to notify the User (notably in the case of operations requiring that the Parking and/or one or more Spaces is vacant or if the Parking is damaged or endangers the safety of bicycles and/or Users). At Cycloparking’s request, the User will be required to remove the bicycle(s) linked to their Account from the Space for the required period of time. Failing this, Cycloparking reserves the right to remove the bicycle(s) at the User’s risk and expense, without compensation, in accordance with Article 13.

10.8. Cycloparking has the right to refuse access to a User or family member who does not comply with these General Terms and Conditions, or any conditions specific to a Space, or the Internal Regulations that apply to the Space provided.

 

11. Use of the Space and Parking

11.1. Each User and/or family member is allocated a specific, personal and individual Space in the Parking (regardless of its type) to park one and only one standard bicycle (i.e. a bicycle no longer than 2 metres and not exceeding 33 cm wide at the level of bags and other accessories (excluding handlebars) and excluding very small children’s bicycles), or a cargo bicycle in the case of Parking Facilities that have spaces suitable for this type of bicycle and if the User has a Subscription for this type of bicycle.

This personal Space is entered in “My Account” when it is allocated. As a general rule, Spaces are numbered from left to right and from 1 to X, depending on the number of Spaces available in a given Parking.

11.2. The numbering of the Spaces referred to in the preceding Article is the responsibility of Cycloparking and may be modified or deleted if necessary. Where applicable, Cycloparking will inform the User of the new numbering of their Space by email.

11.3. Given the temporary, personal and individual nature of the Space, it cannot be transferred or sublet or used by third parties.

11.4. The Space is not a long-term storage or warehousing area or a drop-off location. Bicycles that are not used or are used very infrequently (less than once in a period of 3 consecutive months) must be removed (by the User) after a warning, in accordance with Article 13. Cycloparking also reserves the right to terminate the Subscription, and/or to remove the bicycle in accordance with Article 13 and/or to claim a fine of €5 per day from the User in the event of a failure to remove the bicycle.

11.5. If it is noticed that a User is parking their bicycle in a Space that is not allocated to them, they will receive a warning by email and must remove it immediately.

In the event of a repeat offence, an indemnity equal to 1 month’s subscription per additional bicycle will be invoiced until the bicycle is removed, without prejudice to the application of Article 13.

11.6. Cycloparking agrees to inform the User about the technical aspects of using the Parking, its opening and closing times. Illustrative videos are published in the FAQ section of the website.

11.7. In the event that the User or any third party uses a Space that is not designated to them or without a valid Subscription, their bicycle and accessories may be removed in accordance with Article 13.

11.8. In any case, the User is required to use the Space in a responsible manner and to comply with the information communicated by Cycloparking and available on the Website, as well as that contained in these General Terms and Conditions.

 

12. Internal Regulations of Cycloparking’s Parking and Spaces

12.1. These internal regulations are an integral part of the Cycloparking General Terms Conditions.

12.2. The User acknowledges that the Space and Parking are neither guarded nor supervised.

12.3. The User has access to the Parking on receipt of the payment of their subscription. They will receive an email confirmation. They identify themselves using their unique access device each time they wish to access the Parking. They must ensure that other users do not access the Parking at the same time.

12.4. In order to ensure that a use does not disrupt other Users or the proper functioning of the Parking, the bicycle related to its Space must not hinder or prevent the opening or closing or the entry and exit of other Users’ bicycles.

12.4. All standard accessories (baskets and/or panniers, baby seats and/or others) are allowed provided that they do not interfere with the parking, entry and exit of other bicycles and that they are always attached correctly and securely to the Bicycle.

12.5. The User, whether or not their bicycle is equipped with accessories, agrees to comply with the principle set forth in Article 12.2. in good faith and to adapt to changes in the number of Users of the Parking (and consequently to the different types of bicycles parked there, whether or not equipped with accessories, depending on the successive Users) over the course of time (“the Composition of the Parking”). If the Composition of the Parking or its modification causes any inconvenience to a User in the use of their Space, the User must inform Cycloparking via its Contact Information in order to attempt to remedy the situation, without any obligation on the part of Cycloparking.

12.6. The User’s bicycle must be securely attached to the hoops or other means provided for this purpose, with a padlock and/or a quality anti-theft device (e.g. U-shaped padlock). The bicycle remains under the full responsibility of the User. Any object or accessory whatsoever (water bottle, pump, headlight, padlock, pannier, child seat, basket, etc.) attached to or placed on the bicycle, whether permitted or not, is the sole responsibility of the User. The Parking cannot be used for purposes other than parking bicycles. Any storage of items is prohibited. Cycloparking reserves the right to have any items not attached to a bike or which are obviously causing a nuisance to other users removed.

12.7. The User is obliged and agrees to close and lock the Parking each time they use the Space. Each time the Space is used, this User is obliged and agrees, in their own interest and that of the other users, to check and ensure that the Parking is correctly closed and locked.

12.8. The User agrees and is obliged not to damage or move the bicycles in the other Spaces of the Parking. In this case, the User agrees to inform Cycloparking immediately by email.

12.9. The User agrees and is obliged to use the Parking with care and not to damage it. In this case, the User agrees to inform Cycloparking immediately by email and inform his Third party liability insurance.

12.10. In general, as soon as any technical problem, malfunction, breakdown, damage or deterioration (whether or not caused by the User) is noted at the Space and/or in the event of an emergency, the User agrees to contact Cycloparking immediately and inform them using its Contact Information, and, if applicable, the User contacts its public liability insurer

12.11. The User may not carry out, or cause to be carried out, any modifications and/or repairs to the Spaces/Parking or any related facilities, except with the express written authorisation of Cycloparking. Any damage resulting from such modifications/repairs will be the sole responsibility of the User who has executed them.

12.12. Cycloparking and the owner of a Local Parking Facility are entitled to remove the bicycles of unauthorised Users or those parked in obstructive locations from the Parking, at the expense of the users concerned, in accordance with Article 13.

 

13. Impoundment, movement and removal of bicycles

13.1. The user agrees to remove their bicycle from the Space at Cycloparking’s request and in all cases provided for in these General Terms and Conditions. Should the User fail to comply, Cycloparking is entitled to claim a fine of €5 per day from the User, starting on the day the bicycle was to be removed.

13.2 Notwithstanding Article 13.1, the User formally authorises Cycloparking and/or the owner of the Local Parking Facility, who must inform the User in advance, except in the case of an emergency, to remove/move the User’s bicycle or have it moved, at the User’s expense and risk, in all cases provided for in these General Terms and Conditions and specifically in the event that:

• it is not parked in the Space assigned by Cycloparking;
• it is left in the Space after Cycloparking has notified the User of the need to remove it for a specified period;
• it constitutes a danger to persons and/or the property of others;
• it interferes with the normal accessibility of other Users;
• it is unused (and a warning relating to this finding has previously been issued), except in the case of a valid reason explaining the cessation of the use of the bicycle for a long period duly notified to Cycloparking by email, with supporting documents (e.g. medical reason);
• it is required for operational or safety reasons;
• the Subscription has expired and has not been renewed or has been terminated by one of the Parties and the bicycle remains in the Space on the deadline or the expiry of the notice period (in accordance with Article 15) and/or on the date notified to the User by email to remove their bicycle;
• in the event of non-compliance with these General Terms and Conditions and in particular Article 13.1.

In these cases, except in the case of an emergency that does not allow Cycloparking to request that the User removes the bicycle, Cycloparking reserves the right to claim the cost of removal, which is fixed at €75 (including VAT). The bicycle will be moved by Cycloparking and stored in a location made available to Cycloparking by the Brussels-Capital Region, which will be communicated to the User by email, so that the User can come and retrieve their bicycle. The User must provide proof that they own the bicycle by supplying their identity card and any document linking them to the bicycle (for example, the purchase invoice).

13.3. The User agrees to retrieve their bicycle from the location in which it has been stored within 24 hours following the removal referred to in the previous Article.

13.4. Bicycles and cargo bicycles that are not collected or claimed after a period of 3 months from the date of removal from the Parking will, in accordance with the agreement between Cycloparking and the Brussels-Capital Region, become the property of the latter. Consequently, Cycloparking cannot be required to return the bicycle to its owner after this period.

 

14. Liability

14.1. The information, recommendations and/or services provided to the User directly or indirectly through the Website, Services and Application, constitute only general information and not advice. Cycloparking will endeavour to keep the Website, the Application and their contents correct and up-to-date, but does not guarantee that the Website and/or the Application (and their contents) are free of errors, defects, malware or viruses, or that the Website and/or the Application are correct, up-to-date and accurate. Cycloparking will not be liable for any damages arising from the use of (or inability to use) the Website or the Application, including damages caused by malware, viruses, or any inaccuracy or omission of information from the Website or the Application, except to the extent that the damages arise from a deliberate act or gross negligence by Cycloparking.

14.2. Cycloparking will not be liable for damages arising from the use (or inability to use) electronic means of communication with the Website or the Application, including damages arising from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programmes used for electronic communications, and the transmission of viruses

14.3. Cycloparking and/or the owner of a Local Parking Facility are limited to providing Users with Spaces and Parking and therefore assume no liability whatsoever.  In addition, Cycloparking and the owner of a Local Parking Facility do not accept any liability, in any capacity and for any reason whatsoever, for any damage whatsoever, whether physical, material or immaterial, to persons or property, such as, in particular: accidents, theft or damage, even partial, that may occur during or because of the use of Parking or a Space, and in particular during a User’s arrival or departure. With regard to theft, some insurance companies allow an extension of the comprehensive home insurance covering bicycle theft. The User is invited to make personal enquiries in this regard.

The User acknowledges that in any case, Cycloparking can never be held liable, for any reason whatsoever, when the User’s Subscription has expired or been terminated, even if the User’s bicycle remains in the Space or Parking.

14.4. The User alone will bear, with full discharge of Cycloparking, which they guarantee against any possible recourse, all harmful consequences that may occur to their bicycle, to their person, to Cycloparking or to third parties due to the use (whether faulty or not) of the Space or their bicycle, except if these harmful consequences result from the non-performance of an obligation consisting of one of the principal services incumbent upon Cycloparking, or from the act, fraud or gross negligence of Cycloparking or its employees and agents, except in all cases of force majeure.

14.5. Where the User is a consumer, the preceding articles of this title cannot constitute a violation of the provisions contained in Book VI of the Code of Economic Law relating to market practices and consumer protection.

14.6. In addition, as Cycloparking is not a custodian, it does not assume any obligation of custody or supervision and incurs no liability for action by third parties. The User acknowledges that the Subscription for the Space does not exempt them from looking after and protecting their bicycle and that they remain solely and entirely responsible for its use throughout the duration of the Subscription.

14.7. Cycloparking only contracts obligations of means, for all services offered, proposed or provided. Cycloparking cannot be held liable for any inconvenience or damage inherent to the use of the Website, the Parking and/or the Spaces, notably a breakdown in services, external intrusion, or any event that could be qualified as force majeure. In any case, Cycloparking’s liabilities under the terms of these General Terms and Conditions may not exceed a sum equal to the sums paid or payable during the transaction at the origin of the aforementioned liability, regardless of the cause or form of the action concerned.

14.8. The User agrees to use the Website, the Application, the Parking and Spaces as well as all Services provided by Cycloparking solely for private purposes and in a manner that is consistent with public order, good morals and the rights of third parties.

14.9. The User agrees not to do anything that could – directly or indirectly – undermine the integrity of the Website, the Application and/or the Services provided by Cycloparking.

 

15. Duration and termination of the Subscription

15.1. The User who has purchased a Subscription commits to a period of 1 year from the payment of the Subscription and the provision of the Space. Their binding contract with Cycloparking is a fixed term contract.

15.2. When a User chooses to pay by Bancontact, the Subscription may be renewed for a period of one year if the renewal invoice sent by Cycloparking is paid within the time period indicated therein. In the absence of a reaction from the User within 7 days, Articles 7.3 and 13 are applicable.

When a User chooses to pay by credit card, the Subscription is renewed automatically.

Cycloparking is under no obligation to offer a renewal of the Subscription and, if applicable, does not have to give reasons for not renewing it. In this case, Cycloparking will inform the User by email within 7 days prior to the expiry of the Subscription. The User will be required to remove their bicycle by the expiry date of the Subscription, failing which Article 13 will apply.

In any event, the Space must be vacated the day before the expiry date of the Subscription at the latest, failing which Article 13 will apply.

15.3. The User may terminate his Subscription at any time and without reason, with a notice period of 7 calendar days, by notifying Cycloparking by email. The notice period begins on the day following the notification of termination.

15.4. Cycloparking may terminate the Subscription and cease to provide the Services at any time, with immediate effect (by deactivating the options to use the Application and Services) in all cases provided for in these General Terms and Conditions and, in any case, in the event of a violation of these General Terms and Conditions. Cycloparking will notify the user by email of the termination of the Subscription, the date of its effectiveness and the deadline by which the bicycle must be removed from the Space, failing which Article 13 will apply.

15.5. In the event of the application of Articles 15.3 or 15.4 by either Party, the User is required to vacate their Space on the day before the expiry of the notice period at the latest, failing which Article 13 will apply;

15.6. Cycloparking reserves the right to terminate all or part of the registered User’s right of access to “My Account”, or even to delete the Account due to lack of use (except in the case of a current Subscription request) or account activation and/or in the event that the registered User has violated these General Terms and Conditions.

Furthermore, it cannot be held responsible for the loss of data following the deletion of the registered User’s personal account.

15.7. An email is sent to the User registered on the waiting list on the anniversary date of their request at the latest. The waiting User will be able to extend their request by clicking on the ad hoc link available in the email. This link will be available for 30 days from the date of its issue. If the User does not react by the end of this period, the request will automatically be cancelled and the account deleted.

 

16. Non-waiver

16.1. The fact that Cycloparking does not invoke a failure or breach by the User of any of their contractual or legal obligations cannot be interpreted as a waiver of the right to take advantage of this failure or breach.

16.2. The fact that Cycloparking does not invoke a clause of these General Terms and Conditions does not imply a waiver of the benefit of said clause.

 

17. Applicable legislation and settlement of disputes

17.1. Only Belgian law is applicable to the contractual relationship. In the event of a dispute, the Courts of the judicial district of Brussels will have sole jurisdiction. For any dispute concerning the competence of the Justice of the Peace in the judicial district of Brussels, the Justice of the Peace of the 1st Canton of Brussels will be competent.

 

18. Final provision

The French and Dutch texts of these General Terms and Conditions are the only authentic texts. In the event of any discrepancies between these texts and their translation into a foreign language, the text of these terms and conditions in French or Dutch will prevail.

 

IF A PROBLEM OCCURS 

Please do contact us on weekdays from 9am to 5pm:

Tel.: 0800 35 678, or by email using the contactform

(version: September 5th, 2022)