Recharge City Truck Parking Regulations

 

1. These Recharge City Truck parking terms and conditions apply in addition to the Recharge City General Terms and Conditions. Insofar as these sets of terms and conditions conflict, these Recharge City Truck parking regulations take precedence and are subject to any locally applicable parking regulations and Recharge City standard parking rules. These Recharge City Truck parking terms and conditions are applicable to all use of the Truck parking in every location offered through the Recharge City Platform.
2. Entering the reserved Recharge City Truck Parking by the user occurs entirely at user’s own risk and only upon a valid RECHARGE CITY booking. Users only have access to the terrain and the facilities which have been made available by Recharge City, hereinafter referred to as ‘Provider’, for RECHARGE CITY Truck Parking users and their vehicle(s). Recharge City are entitled to refuse any truck or person to the Truck parking.
3. Unless users pay with a valid credit card, users (drivers) at the Truck Parking need to be in possession of a valid booking confirmation (RECHARGE CITY booking) and a valid proof of identification, which needs to be displayed to the provider upon request. Parking spaces booked by the user via RECHARGE CITY or other 3. Part booking application can be cancelled or changed free of charge up to 2 hours before the indicated arrival time. After this time it is no longer possible to cancel free of charge and the booked parking space will be charged in full.
4. Parking on the Recharge City Truck Parking occurs entirely at own risk. RECHARGE CITY are not liable for the occurrence of any damage on the Truck Parking resulting from any accident, loss, theft, fire or other cause.
5. The user should always comply with instructions provided by or on behalf of the Recharge City. These instructions may be provided by means of signs, indications or symbols by Recharge City and/or their representative (including security). If the user does not comply with the instructions, then Recharge City is entitled to move/remove your vehicle. Recharge City is entitled to recover the costs of doing so from the user.
6. User is fully liable for any damages or loss caused to Provider, if the user of the Truck Parking does not comply with these Truck parking terms and conditions. User is obligated to compensate all loss and damages to Provider, upon first demand, without prejudice to the rights that that Provider can derive from the law.
7. If the user does not comply with the RECHARGE CITY General terms and conditions and these Truck parking terms and conditions, then the Provider can immediately (permanently) deny the user access to the Truck Parking. No restitution of already paid parking fees through RECHARGE CITY services will take place in this case.
8. Parking rates which are displayed on the RECHARGE CITY website are daily rates and can be changed by the Provider at any time. No rights can be derived from these. The displayed parking rates are always excluding VAT and any service fees and/or booking costs.
9. Where applicable, user is required to always park the entire vehicle in the parking space designated by the Provider.
10. The same traffic rules and rules of conduct apply at the Truck Parking as they apply on the public road. The traffic signs and signals all have the same meaning.
11. The (driving) behaviour on the Truck Parking cannot cause danger and hindrance to the user, the employees of the Provider and other users of the Truck Parking. User will need to comply with the local applicable standards of decency and politeness. User is considered to be aware of these and to comply with them.
12. The condition and content of the vehicles, trailers and other means of transport should always comply with the locally applicable laws and regulations.
13. When leaving a trailer unattended on the Truck parking, then user is aware that such trailer bears a high risk of theft, loss or other damages. Recharge City will be liable in such event. As per article 8.3 of the General Terms and Conditions, user is required to have adequate insurance against such risks. Recharge City recommends user to make use of GPS trackers and/or additional locks such as “Kingpin locks” at all times.
14. In case a truck or trailer has been parked longer than the agreed or booked parking time without prior written notice and Recharge City are not able to reach User in a reasonable timeframe or User extends its booking within a reasonable timeframe, then Recharge City may treat users truck or trailer as if it were abandoned and do whatever is reasonably necessary to remove such truck or trailer from the Truck parking fully at user’s cost. Recharge City may recover any costs related to removal of the truck or trailer by exercising a right of lien and pledge on the truck, trailer and anything therein, to the full extent permitted by law, which rights are hereby granted by user to Recharge City.
15. No vehicles can be operated on the Truck Parking without valid driving license. The vehicle registration certificates and driving licenses need to be displayed upon request of the Provider or its representatives.
16. The Truck Parking is not accessible for Trucks carrying hazardous substances (ADR) or goods.
17. Provider and/or its employees are entitled to temporarily deviate from the articles set out in these Truck parking terms and conditions if the circumstances call for such deviation.
18. In all events which these standard RECHARGE CITY Truck Parking terms and conditions do not provide for, the decisions of Recharge City or its employees are at their sole discretion and always binding.

 

Terms and Conditions

Article 1 General

1.1         These general terms and conditions are applicable to every offer of or agreement with Recharge City (hereinafter referred to, each individually and jointly, as ‘Recharge City’). Recharge City sells subscription-based access to its platform and makes it available to its customer (“Customer”) who is then able to access the platform to procure certain services (platform access and the purchase of services hereinafter combined “the Services”). Accordingly, Recharge City and Customer enter into an agreement for platform access and services, to which these general terms and conditions integrally apply.

1.2         Details Recharge City: Recharge City, Exit 57, Kai Lindbergs Vej, 8700 Horsens, VAT-number: 42885398.

1.3         The Customer ensures that Recharge City at all times is in the possession of correct and complete Customer information and will immediately communicate any changes to such information to Recharge City.

1.4         The applicability of any (purchasing) terms and conditions of the Customer is hereby expressly rejected.

1.5         Should there be any doubt about the interpretation of one or more provisions of these general terms and conditions, or a situation occurs that has not been provided for in these general terms and conditions, then such an interpretation, or in the latter case such an additional arrangement applies which corresponds most with the content and purpose of the other provisions in these general terms conditions.
If one or more provisions in these general terms and conditions or in any agreement between parties is null and void or is nullified, this will not affect the validity and/or enforceability of the remaining provisions herein or in the agreement. Such provision(s) shall be amended in a way that is most in line with the content and purpose of the remaining provisions.

1.6         The most recently disclosed version of these general terms and conditions are applicable at all times. If the most recent version of these general terms and conditions was not disclosed to Customer, then the version applies which was effective at the time at which parties entered into the agreement.

1.7         Notwithstanding these general terms conditions, any special conditions that concern a specific road service and/or specific functionality of the Recharge City platform may apply.

1.8         Use of the Services is subject to these general terms and conditions as well as any other conditions, regulations, and statements published on our website, such as the general user conditions, Recharge City Truck Parking Regulations, privacy statement, and disclaimer.

1.9         Should these general terms and conditions be translated to another language, then the English version shall take precedence at all times.

1.10       Any changes to these general terms and conditions are valid only when expressly agreed in writing.

 

Article 2 Offers

2.1         All offers of Recharge City are nonbinding and can be revoked by Recharge City after acceptance by the Customer, provided that Recharge City does so forthwith after entering into the agreement.

2.2         Mistakes and/or errors in offers do not bind Recharge City.

2.3         Even though information and specifications regarding the services offered by Recharge City are provided to our best knowledge and with the greatest possible diligence, they cannot be considered binding by the Customer and Customer may not rely on such information.

2.4         Unless indicated otherwise, prices listed in an offer apply exclusive of sales tax, other government-imposed levies and any other possible charges, such as administration costs.

 

Article 3 Registration and use Recharge City platform

3.1         If use is made (except upon the acceptance by the road service providers associated with Recharge City of a card provided by a card company collaborating with Recharge City) by the Customer of (a specific) functionality of the Recharge City platform, the Customer must register. The Customer guarantees towards Recharge City that the information provided by the Customer to Recharge City, both during and after registration, is always current, correct, and complete and meets the specifications prescribed by Recharge City.

3.2         The Customer will exclusively use the Recharge City platform in accordance with the intended functionality of the Recharge City platform, in conformity with the registration by the Customer. The Customer acknowledges that any other use of the Recharge City platform is unauthorized and may lead to being liable towards Recharge City. If Customer’s use of the Recharge City platform causes or threatens to cause Recharge City to violate any applicable law or to disrupt the provision of services to others, Recharge City may remove data or suspend use of the Recharge City platform to the extent necessary to prevent such violation or disruption, where reasonably possible after prior notification and giving Customer the opportunity to solve the issue.

3.3         The Services are made available to Customer on an efforts basis. Recharge City does not make any warranties or accept any liability in relation to its Services, including but not limited to access to the platform, functionality of the platform and the correctness of the available information on its platform.

 

Article 4 Use of Recharge City

4.1         Use of Recharge City is exclusively permitted for the purchase of road service facilities by the Customer through the road service providers associated with Recharge City.

4.2         On its platform Recharge City offers the possibility of distributing reference codes (such as QR-codes and numerical codes). These codes can be used for the authentication and authorization of road service facilities associated with Recharge City. Risks flowing from or related to the incorrect use or abuse of such codes are at all times borne exclusively by the Customer.

4.3         Any suspicion of abuse, theft or loss of Recharge City codes must be reported immediately after the event by the Customer to Recharge City, after which the reference code will be immediately blocked by Recharge City. Customer shall report such incidence by contacting Recharge City – or such other telephone number as made available from time to time by Recharge City to Customer – specifying the issue, Customer name, and time of transaction(s) which are deemed invalid.

4.4         The Customer remains responsible and liable towards Recharge City for the use of Recharge City codes until the moment that it/they has/have been blocked.

4.5         The Customer is obliged to timely notify Recharge City in such matters of any possible modification of information that is relevant for Recharge City.

 

Article 5 Invoicing and payment

5.1         The costs are invoiced by RECHARGE CITY on a monthly basis or as otherwise agreed with Customer. RECHARGE CITY reserves the right to change its payment term and or invoicing frequency by means of a written notification to the Customer. Invoices are send electronically by e-mail and accessible via the Customer’s log-in and must be paid within the agreed terms or according to the specifications on the corresponding documents.

5.2         Payments must be made via direct debit (B2B) or another local direct debit system or other payment method agreed by RECHARGE CITY and the Customer. In the event of a change in the direct debit order, the Customer is obliged to communicate the relevant information to RECHARGE CITY and its bank.

5.3         If timely payment fails to be made, the Customer falls into default without any further warning or default notice. In such case, Recharge City shall have the right to suspend Customer’s use of the Services until payment has been made.

5.4         Over the period that the Customer is in default, the Customer owes Recharge City a (compound) interest of 3% per month, as well as compensation for extrajudicial collection costs, without prejudice to the right of Recharge City to bill further reasonable costs to the Customer.

5.5         Payments made by the Customer shall first be deducted from any collection costs, subsequently shall be deducted from any interest owed, and subsequently shall be deducted from the principal amount owed.

5.6         Recharge City may, but is not obliged to, set off its claims against Customer against claims that Customer has against Recharge City. Customer may not set off its claims against claims against Recharge City.

5.7         In the event that the Customer disputes any invoice it shall notify Recharge City no later than five (5) working days (working days are Monday to Friday from 8:00h in the morning to 16:00h in the afternoon, except for public holidays) after receipt to Recharge City in writing, providing both the reasons why the invoice is disputed as well as any supporting evidence, after which the Customer will have waived any presumed rights. Any possible objections against the amount of any correct and complete invoice do not suspend the payment obligation.

5.8         At its sole discretion, Recharge City may change its fees from time to time as to reflect advances or changes in technology or the way the services are being used by Customer.

5.9         All fees are subject to indexation by the greater of either 3 (three) percent, or the Consumer Price Index of the Danmarks Statestik. Indexation takes place each January 1st.

 

Article 6 Suspension and termination

6.1         Without prejudice to any other rights or remedies Recharge City or Customer may have, and without affecting Recharge City’ right to suspend under article 5.3, each of them may partly or completely terminate or suspend the agreement by giving written notice with immediate effect and without obtaining a court’s decision first, if the other imputably fails to perform a material obligation under the agreement after having received written notice of default in which it has been given a 30 (thirty) day period to remedy the breach.

6.2         Each party may partly or completely terminate an agreement in writing with immediate effect and without notice of default or obtaining a court’s decision first, without prejudice to any other the rights or remedies it may have, if;

(i)           The other party is granted a provisional or non-provisional suspension of payments,

(ii)          A petition for liquidation is filed with regards to the other party,

(iii)         The other party has bankruptcy or insolvency proceedings instituted against it or files or petitions for insolvency or bankruptcy, or

(iv)         The other party’s business is wound up or terminated for other reasons than a business reconstruction or merger.

6.3         Recharge City may at its sole discretion either suspend its performance under the agreement, or partly or completely terminate the agreement in writing with immediate effect without liability to Customer, and without obtaining a court’s decision first or a notice of default,

(i)           if Recharge City or any subcontractor is prohibited by any applicable government authority from providing the services,

(ii)          if any material term, condition, or rate under the agreement is substantially changed by any applicable government authority, or

(iii)         if due to its subcontractors the provision of services has become permanently impossible,

(iv)         if after conclusion of the agreement, circumstances come to the knowledge of Recharge City that provide Recharge City with legitimate grounds to fear that the Customer will not comply with its obligations,

(v)          if the Customer is asked by Recharge City upon or after conclusion of the agreement to provide security for the fulfilment of its obligations and this security fails to be made or in the opinion of Recharge City is insufficient,

(vi)         if circumstances arise that indicate the (possible) involvement of the Customer in criminal activities, the laundering of funds, the funding of terrorism, or in such activities which are prohibited by international resolutions or if Customer violates any applicable rules and regulations and/or legislation. Customer warrants that it shall remain compliant at all times with any applicable local or international laws and regulations.

6.4         Termination under this article 6 does not affect the rights of the parties accrued up until the date of such termination. All amounts owed by Customer to Recharge City will become immediately due upon termination by Recharge City.

6.5         In case Recharge City terminates the agreement under this article 6 and such termination is attributable to Customer, then Recharge City is entitled to compensation of all damages and costs that are the direct or indirect result thereof.

 

Article 7 Force majeure

7.1         Recharge City is not bound towards the Customer to fulfil any obligation under the agreement in the event of force majeure.

7.2         An event of force majeure under this article 7 shall mean, besides what is understood as such in the law and jurisprudence: all external causes, foreseen or unforeseen, over which Recharge City cannot exert any influence, which prevent Recharge City from timely, completely, and properly fulfilling its obligations, including but not limited to, work strikes at the enterprise of Recharge City or of third parties, and all matters in the widest sense of the term.

7.3         Recharge City also has the right to appeal to force majeure if the circumstance resulting in force majeure enters into effect after Recharge City should have fulfilled its obligation.

7.4         Recharge City has the right to suspend its obligations under the agreement during the period that the force majeure continues. If the period of force majeure last longer than three (3) months, each of the parties has the right to terminate the agreement, such without the obligation to compensate damage or costs to the other party.

7.5         If and to the extent Recharge City at the time of the start of the force majeure event has already partially fulfilled its obligations or is able to partially fulfil its obligations, Recharge City has the right to separately invoice the part already fulfilled or still to be fulfilled respectively and Customer shall be under the obligation to pay the invoice in accordance with
article 5 of these general terms and conditions.

 

Article 8 Liability

8.1         Recharge City is only liable for breach of the agreement if the breach was caused by gross negligence of Recharge City.

8.2         Under no circumstances is Recharge City liable to the Customer for damages caused by third parties deployed by Recharge City, including but not limited to Recharge City’ subcontractors and road service providers. Customer must at all times follow the advice, warnings or instructions provided by Recharge City and/or its subcontractors or third parties deployed by Recharge City.

8.3         Under no circumstance is Recharge City liable for damages for which the Customer has taken out insurance or could reasonably have taken insurance, regardless of what the claim for damages is based upon. The Customer indemnifies Recharge City against any possible claims of respective insurers.

8.4         Under no circumstances is Recharge City liable for consequential (indirect) damages, including but not limited to, loss of profit, missed savings, immaterial damage, business- or environmental damage, regardless of what the liability is based upon.

8.5         Any claim by Customer lapses if after one (1) year after the event giving rise to the claim, no judicial proceedings on merits have effectively been filed against Recharge City. The Customer must communicate any claims for damages to Recharge City in writing, no later than within three (3) months after the Customer has discovered the damages or could have discovered such. Failure to do so will result in Customer losing any right to compensation of damages.

8.6         If and to the extent, notwithstanding what is stipulated in this article, any liability were to fall upon Recharge City, such liability in case of damages to goods is limited to the restoration or replacement costs to a maximum of the amount owed by Customer to Recharge City for the invoice relating to the time period in which the damages occurred. In case of damage to persons and in all other cases, the liability of Recharge City is limited at all times to the amount paid under Recharge City’ liability insurance, increased by the deductible that Recharge City bears under that liability insurance. If and to the extent for whatever reason no payment will be made under the insurance policy, then Recharge City’ total liability, regardless of what it is based upon, is limited at all times to the amount invoiced as the principal by Recharge City for the service in direct relation with which the damages occurred, with a maximum of
€ 1,000.00 (one thousand euros).

8.7         To the extent that Recharge City’ subcontractors and road service providers, or other third parties that Recharge City has deployed for the implementation of the agreement limit their liability in relation to it, such limitations shall directly apply to Customer. Where such (third party) limitations apply to similar circumstances as covered by Recharge City’ limitations of liability, they shall only be applicable insofar those limitations are stricter than Recharge City’ limitations as stipulated in this article 8. Any liability of Recharge City for breaches of the agreement by such third parties, including but not limited to Recharge City’ subcontractors, including road service providers, is excluded.

8.8         Under no circumstance is Recharge City liable for damages as a result of the (temporary) unavailability and/or improper functioning of the website of Recharge City and/or on-line connection with the Recharge City platform, regardless of what the liability is based upon. Recharge City is never liable in the matter of the unauthorized use of log-in codes.

8.9         What is stipulated in this article does not apply if the damages are the result of the willful intent or deliberate recklessness of the management of Recharge City.

8.10       Damages owed by Customer to Recharge City shall not be limited.

 

Article 9 Intellectual property rights

9.1         All intellectual property rights concerning Recharge City, the Services including but not limited to the Recharge City platform, such as with regard to the name Recharge City, the logo, the website, and the software (including source code) remain with Recharge City or licensors. Any use (of the content) thereof, including their complete or partial multiplication, publication, copying, or storing of such content without prior written consent of Recharge City is prohibited. The reselling or provision by the Customer to one or more third parties of the Services including any road services purchased by the Customer is expressly prohibited.

9.2         Any and all use licenses granted to Customer are limited to those obtained through these general terms and conditions, any other applicable general conditions, the agreement, or those which the law expressly grants to the Customer. Any license to which the Customer is entitled is non-exclusive, non-transferable, non-sub-licensable and shall under no circumstances be pledged under any financial arrangement.

 

Article 10 Assignment

10.1       Customer shall not be entitled to assign, sub-license, transfer or otherwise dispose of any of its rights or obligations hereunder without the prior written consent of Recharge City (not to be unreasonably withheld).

 

Article 11 Data privacy

11.1       Insofar Recharge City processes personal data of or on behalf of Customer, Recharge City shall process such data for the sole purpose of performing services as agreed under the agreement. Where applicable, parties shall enter into a separate data processing agreement. Insofar applicable, Recharge City shall at all times act in accordance with the GDPR, regardless of whether Recharge City acts as data controller or data processer.

 

Article 12 Applicable law and disputes

12.1       All agreements between Recharge City and Customer shall be subject to Danish law.

12.2       Any disputes arising under the agreement or any further agreements between Customer and Recharge City, regardless of in which country such agreements are fully or partially executed, shall be exclusively settled by the Danish Court.

12.3       Before submitting a dispute to the competent court of law, parties are obliged to try to come to a solution through negotiation. If after three (3) months after a party received notification of a dispute, parties haven’t reached agreement, either party shall be entitled to initiate legal proceedings. This shall not affect the rights of either party to file for an injunction in summary proceedings or to take precautionary legal measures.

 

Article 13 Agreement

13.1       Customer warrants that any agreements with Recharge City shall be entered into by Customer’s duly authorized representatives.

 

 

25 January 2024 – First revision