Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALE (FOR CONSUMERS) — Applicable from 1 June 2023
GENERAL PROVISIONS AND ACCEPTANCE OF THE TERMS OF SERVICE:
1. These general terms of service (hereinafter "GTS") set out the conditions under which the company OM OFFICE PARK (BE 0797.696.722), a private limited liability company with registered office at Excelsiorlaan 71, 1930 Zaventem, Belgium, represented by its Managing Director (hereinafter "THE COMPANY"), sells the Services as defined in these GTS to its Customers acting as consumers or non-professionals, domiciled in Belgium or abroad (hereinafter "the CUSTOMER").
THE COMPANY and the CUSTOMER are individually referred to as "a Party" and collectively as "the Parties".
2. Should any provision of the GTS be declared null or void, in any manner and for any reason whatsoever, it shall be deemed not written, without affecting the validity of the other provisions. The Parties agree to replace the void clause with a clause whose content most closely matches the original intention of the Parties.
No tolerance or inaction by THE COMPANY may be interpreted as a waiver of its rights under the GTS.
3. Any Order placed with THE COMPANY by the CUSTOMER implies full and unconditional acceptance of the GTS in force on the date of the Order, regardless of any contrary provisions in any document from the CUSTOMER. They cancel and replace all previous conditions.
4. THE COMPANY reserves the right to amend or adapt the GTS at any time. The applicable GTS will be those in force on the date of the Order.
5. The CUSTOMER acknowledges having read the GTS prior to the Order, having accepted them and having the capacity to contract.
DEFINITIONS:
"Contract": the contractual whole formed by these GTS and the Quotation.
"Quotation": the summary provided by THE COMPANY to the CUSTOMER by email, listing all ordered Services and their cost.
"Site": the website https://omparkingzaventem.be
"Services": the parking, surveillance and transfer services offered by THE COMPANY by minibus or other vehicle.
"Order": the order placed by the CUSTOMER via the Site, by email or by telephone.
"Vehicle": the Vehicle subject to the execution of the Services.
ARTICLE 1: PURPOSE — CONTRACTUAL DOCUMENTS
1.1 These GTS determine the conditions under which THE COMPANY sells and provides the Services ordered by the CUSTOMER.
1.2 The Contract is formed by: these GTS and the Quotation.
ARTICLE 2: ORDER PROCESS — CART
2.1 To order the Services, the CUSTOMER must visit the Site, indicate the Services he wishes to order and request a Booking Form. Orders may also be placed by phone. Orders sent by post will not be accepted.
2.2 When placing the Order, the CUSTOMER confirms it by paying via the payment method available on the site. THE COMPANY will send a confirmation email summarising all the characteristics and prices.
2.3 THE COMPANY reserves the right not to validate the Order for any legitimate reason, in particular: non-compliance with the GTS; refused payment; previous unpaid Orders; ongoing payment dispute; serious indications of fraud.
2.4 Emails are sent to the email address used by the CUSTOMER.
ARTICLE 3: SERVICES — AVAILABILITY
3.1 All special features of the available Services are presented on the Site to allow the CUSTOMER to know, before validation, the essential information about the Service. For specific orders, the CUSTOMER may email contact@omparkingzaventem.be.
3.2 The Services offered for sale are those described on the Site on the day of consultation. Errors in updates, regardless of origin, do not engage the liability of THE COMPANY.
3.3 THE COMPANY takes the greatest care in presenting and describing the Services. Nevertheless, errors beyond its control may appear on the Site, which the CUSTOMER acknowledges and accepts.
ARTICLE 4: CHARACTERISTICS OF THE SERVICES
4.1 The Vehicle is parked subject to availability, in an outdoor or indoor lot depending on the service selected. Vehicle keys may or may not need to be handed over depending on the chosen service. THE COMPANY is authorised to move the Vehicle within the parking premises.
4.2 THE COMPANY is open 24 hours a day, 7 days a week.
4.3 An arrival time is set by THE COMPANY when booking. If the CUSTOMER chooses a shorter timespan between the appointment and the flight time than the one offered, THE COMPANY cannot be held liable for a missed flight.
4.4 At the latest when dropping off the Vehicle, the CUSTOMER must communicate the return flight number and expected arrival time. The CUSTOMER must respect the schedules and assumes all consequences of any delay. Surcharge of €10 for the first half-hour of delay and €5 for each additional quarter-hour. On return, the CUSTOMER must wait for THE COMPANY's driver at the meeting point indicated.
4.5 The booking form provided by THE COMPANY must be kept by the CUSTOMER throughout the trip.
4.6 THE COMPANY declines all liability in case of delay or wait. The CUSTOMER must inform THE COMPANY by SMS of any change to the return flight (flight number and landing time). Otherwise, a surcharge of €20 may be requested.
4.7 THE COMPANY reserves the right to exclude any passenger whose behaviour may cause disturbance or danger. Consumption of alcohol, cigarettes and any prohibited substance is strictly forbidden on the premises and in the transfer vehicles.
ARTICLE 5: RIGHT OF WITHDRAWAL
5.1 The CUSTOMER has fourteen (14) working days from the date of the Order to exercise his right of withdrawal without justification or penalty.
5.2 To exercise this right, the CUSTOMER must notify THE COMPANY of his unambiguous decision via contact@omparkingzaventem.be before the deadline.
5.3 THE COMPANY will acknowledge receipt by email and proceed with cancellation and refund within a maximum of 14 days, via the same payment method, at no cost to the CUSTOMER.
5.4 If the CUSTOMER wishes to use the Service before the end of the 14-day withdrawal period, he must inform THE COMPANY accordingly.
5.5 The CUSTOMER who exercises his right of withdrawal for a contract whose execution has begun at his express request will pay THE COMPANY an amount corresponding to the portion of service already used.
5.6 The right of withdrawal cannot be exercised for fully performed services (with prior agreement and waiver), services on a fixed date, and other cases provided for by law.
ARTICLE 6: PRICE INFORMATION
6.1 Service offers are valid as long as they are visible on the Site. Prices are indicated in euros, VAT included, excluding customs duties and other taxes.
6.2 Prices are exclusive of delivery costs, customs duties and possible additional services subscribed to by the CUSTOMER.
ARTICLE 7: FINANCIAL CONDITIONS
7.1 Prices are indicated in euros, VAT included, excluding customs duties and other taxes.
7.2 The duration of surveillance and transfers is calculated per 24-hour period. Any day commenced is due in full.
7.3 Payment for the Services is made at booking or upon drop-off: by bank card (excluding American Express); cash; cheque, subject to THE COMPANY's agreement.
If payment is made in advance, the CUSTOMER expressly acknowledges that providing his card number to THE COMPANY constitutes authorisation to debit his account.
7.4 THE COMPANY reserves the right not to offer one or more payment methods for legitimate reasons.
ARTICLE 8: PAYMENT SECURITY AND ANTI-FRAUD
Online payments on the Site or by phone are made via a secure payment platform, supplemented by control measures to ensure the security of purchases and combat fraud. Bank card details are never transmitted in plain text over the network.
ARTICLE 9: FORCE MAJEURE
In the event of a force majeure event, THE COMPANY informs the CUSTOMER within 15 days by email or registered mail. Force majeure includes: strikes, lockouts, riots, boycotts, civil unrest, war, bad weather, epidemics, blocking of transport, earthquakes, fires, storms, floods, government restrictions, computer failure, telecommunications blocking, and any other case beyond the Parties' control.
All obligations of the Parties are suspended during force majeure. If it lasts more than 3 months, the transaction may be terminated without compensation at the request of either Party.
ARTICLE 10: DATA PROTECTION — PERSONAL DATA
10.1 Collection and use of personal data: THE COMPANY is the data controller. Data is used for account management, order processing, after-sales service, marketing, fraud control and reporting. No data is sent outside the EU.
10.2 Commercial prospecting: unless the CUSTOMER objects, he may receive promotional offers by email.
10.3 Right to object, rectify and delete: the CUSTOMER has rights of access, rectification, objection and deletion via contact@omparkingzaventem.be.
10.4 Retention period: data is kept for as long as necessary for order management and as required by law.
ARTICLE 11: LIABILITY
A photographic inventory of the Vehicle may be drawn up at drop-off for a surcharge of ten euros, on written request at the time of booking. The inventory must be carried out in daylight on a clean, dry Vehicle. THE COMPANY will cover bodywork damage, up to the cost of the services ordered, jointly observed at recovery — only if the keys were handed over for the entire service duration.
THE COMPANY declines all liability in case of force majeure, vehicle breakdowns, glass breakage, and for luggage and personal effects in the Vehicles or during transfers.
THE COMPANY may start the Vehicle using jumper cables in case of a discharged battery and may move the Vehicle if necessary.
THE COMPANY is not liable for breakdowns due to maintenance, electronic, mechanical or pneumatic defects, wear, or insufficient oil, fuel or water.
ARTICLE 12: APPLICABLE LAW
These GTS and the resulting transactions are governed by Belgian law. These GTS are drafted in French. In case of translation, only the French text shall prevail in the event of a dispute.
ARTICLE 13: DISPUTES
13.1 All disputes shall be submitted to the competent courts under common law.
13.2 The CUSTOMER may resort to conventional mediation, in particular before the Consumer Mediation Commission.
13.3 The European Commission provides an online dispute resolution platform: http://ec.europa.eu/consumers/odr/
ARTICLE 14: PRE-CONTRACTUAL INFORMATION — CUSTOMER ACCEPTANCE
The CUSTOMER acknowledges having received, prior to the Order, all legally required information: essential characteristics of the Services; price and ancillary costs; delivery date; identity and contact details of THE COMPANY; legal and contractual guarantees; possibility of mediation; right of withdrawal; accepted payment methods.
Placing an Order on the Site implies full acceptance of these GTS and the obligation to pay.