General terms and conditions Park-line Aqua

The following general terms and conditions apply to the use of shore-side electricity. If you wish, you can also receive the most recent version of the general terms and conditions free of charge by (electronic) mail.

General terms and conditions for the use of shore-side electricity version 1-1-2015

Article 1 Definitions

In these general terms and conditions the following terms shall have the following meanings:

Provider:

The party that offers shore power at public moorings. There are various public or private parties in the various regions of the Netherlands.

Customer:

The owner, skipper or shipowner who uses shore power with a ship.

General terms and conditions:

The present general terms and conditions for the use of shore-side electricity.

Operator:

The company charged by the Provider with the provision of services with regard to the use of shore-based power is Park-line Aqua B.V., currently the private limited liability company Park-line Aqua B.V., established in Amsterdam, the Netherlands.

Agreement:

The agreement for the supply or purchase of shore-based power, which agreement is concluded with the Provider each time the Customer connects to a shore-based power connection.

Personal page:

A web page within www.parklineaqua.nl, which is only accessible to the Customer and on which the Customer can view, enter and change personal data.

Ship:

An inland vessel as defined in Article 8:3 of the Dutch Civil Code, as well as a vessel with limited seaworthiness suitable for coastal shipping.

Service-/failure service:

The Exploiter's helpdesk, intended for registering and deregistering for the use of shore-based power, as well as for asking questions and reporting malfunctions. The telephone number is currently 0900-464 3 464 and for Customers with a non-Dutch telephone subscription +31 (0)88 468 5440.

Consumption costs:

The prevailing shore-side electricity tariff times the kWh electricity purchased.

Shore power:

The supply of electricity with a maximum capacity of 200 kW from a shore power connection to a Ship. Shore power connection:

A numbered shore-based connection, including an electricity meter, to which the Customer connects the Ship for the purchase of shore-side electricity.

Shore power tariff:

The tariff set by the Provider for the public berths under its management for the use of shore-side electricity per kWh excluding VAT, which tariff may differ per Provider (see Article 5 paragraph 1 of these General Terms and Conditions).

Shore power supplies:

All the facilities required for the use of shore power, including transformer houses, shore power connections, measuring devices, etc.

www.parklinaqua.nl:

The website on which further information can be found regarding the use of shore-side electricity and on which registration can take place. All definitions can be used in either the singular or the plural while retaining their validity.

Article 2 - Applicability of General Terms and Conditions

2.1

The General Terms and Conditions apply to each Agreement.

2.2

The Customer is always bound by the most recent version of the General Terms and Conditions. The most recent version of the General Terms and Conditions is always published on and can be downloaded from www.parklineaqua.nl and will be sent to the Customer by (electronic) mail free of charge. The applicability of any general terms and conditions of the Customer is expressly rejected.

Article 3 - Use of shore-side electricity

3.1

To start the supply of shore power, the Customer must follow the following procedure. After mooring, the Customer attaches his power cable to a free socket of the shore power connection. The Customer then has the choice between the following two ways of taking shore power:

a. use with customer number: In this case, the Customer has registered in advance via www.parklineaqua.nl or any other method of registration. The Exploiter will check the Buyer's details, including the account number from which the direct debit is made. After acceptance of the registration, the Customer will receive a customer number and a password. Shore power is then used by calling the telephone number of the Service/failure service mentioned on the aforementioned website. If the Customer calls the (mobile) phone specified at registration, the computer of the Service/Fault Service recognises the number of that (mobile) phone. The Customer can also register for the supply of shore-side electricity with his e-mail address and password and the number of the shore-side electricity connection by logging on to www.parklineaqua.nl.

3.2

The frequency of the shore power connection is 50Hz. The types of connections vary per shore power cabinet. The plug types to be used depending on the type of shore power connection are as follows: 230V/16A 3 pole, 400V/32A 5 pole, 400V/63A 5 pole, 400V/125A 5 pole, 400V/400A powerlock system with 5 individual plugs. The plugs and corresponding cabling must comply with NEN1010, CEE and Kema keur. For advice on how to safely use the shore power connection, the Customer can visit the website www.parklineaqua.nl. The Customer is not permitted to use an adaptor plug. The connection cable and plug must be suitable for the chosen type of shore power connection.

3.3

The Customer must comply with all nationally and locally applicable laws and regulations. Incidentally, the purchase of shore-based power does not also imply the consent of the Provider for berthing. The Customer must enter into a separate berthing agreement with the Provider or apply for a permit from the Customer.

3.4

If the shore power connection is disconnected, the supply of shore power automatically stops within 30 minutes. Notwithstanding the previous sentence, the Customer who wishes to terminate the shore-based power purchase must call the Service/failure service and go through the termination menu. You can also unsubscribe via www.parklineaqua.nl. Termination by the Customer serves two purposes, namely, on the one hand, to avoid running up costs for the supply of shore-based power and, on the other hand, from a safety point of view. Charges for the failure to deregister or the late deregistration or the purchase of shore-based power by third parties who have not registered under their own customer number or credit card shall be borne by the Customer. Any damage resulting from failure to unsubscribe or late unsubscribing will be charged to the Customer. As long as the Customer has not deregistered for the supply of shore-based power, it will receive a daily SMS message reminding it that the supply of shore-based power takes place via the shore-based power connection indicated by the Customer. The Customer may disable the SMS Service via its Personal Page.

Article 4. - Operation of shore-side electricity

4.1

The Provider has outsourced the services relating to the use of shore-based power to the Operator. The services provided to the Customers include, among other things:

  • registering the Customer and assigning a customer number and a personal customer page at www.parklineaqua.nl.
  • Answering questions and/or remarks of the Customer about (the use of) shore-based power;
  • managing and maintaining the website www.parklineaqua.nl;
  • managing and maintaining the Service/Fault Service, which is available 7 days a week, 24 hours a day;
  • the invoicing and collection of the Consumption and Other Costs.

4.2

The Buyer will be obliged to provide all necessary information and all cooperation to the Exploiter that is necessary for the Exploiter to provide the services relating to the use of shore-based power. The Customer is responsible for the correct provision of information, whether or not via the Personal Page, such as company details, address details, mobile phone numbers, characteristics of the Ship and the bank account number from which a direct debit can be made or the credit card number from which a debit can be made. The Purchaser must immediately inform the Exploiter of any changes to the aforementioned data via the Personal Page.

Article 5 - Shore power tariff

5.1

Each Provider shall set the shore-side electricity tariff in the public berths under its management. The shore power rates are listed per Provider on www.parklineaqua.nl. Providers of shore-side electricity are free to change the shore-side electricity tariff annually upon prior notice to www.parklineaqua.nl.

5.2

The Customer owes the Offeror a fee for the use of shore-side electricity, which consists of the shore-side electricity tariff multiplied by the number of kWh the Customer has purchased from the shore-side electricity connection, plus VAT. The number of kWh of electricity purchased is measured by the Operator using the measuring device in the shore power connection. The measuring device in the shore power cabinets is comptable meters. In the event of doubt as to the correctness of the measurement, the Exploiter's records will apply, unless the User is able to prove otherwise. 5.3 The rate for using the telephone number of the Service/Fault Service is € 0.10 per minute plus the cost of using the mobile phone. These costs will be charged by the Customer's telephone company. For certain telephone subscriptions, the cost of calling a 0900 number may be higher. For information about this, the Customer is referred to his telephone company.

Article 6 - Payment

If the Customer has chosen to use shore-side electricity with a customer number, the following provisions apply:

6.1

Once a month, on behalf of all Suppliers, the Exploiter will charge the Consumption Costs to the Customer by means of an itemised collective invoice. This invoice will be made available to the Customer via the Personal Page but can also be sent by post upon request. The Exploiter is responsible for the breakdown and payment of the collected payments to the various Providers.

6.2

If the Customer has opted for the use of shore-side electricity with a customer number, the Customer gives a power of attorney for direct debit. Collection takes place from the account number specified by the Customer. The Customer must always ensure that he has sufficient balance or credit in the relevant account. If collection is delayed or turns out to be impossible, the Customer will be in default by operation of law 30 days after the date on which the invoice should have been paid and will owe statutory interest pursuant to Article 6:119a of the Dutch Civil Code. All costs to be incurred in and/or out of court with regard to the collection of the amount owed by the Customer and not paid on time, are for the account of the Customer. The obligation to pay the invoice may not be suspended or waived on the grounds of objections to the invoice.

6.3

If the Customer fails to pay, fails to pay in full and/or fails to pay on time, or instructs his bank to return the amount paid by direct debit, he shall be in default by operation of law. The Exploiter is authorised to refuse the Customer the further use of shore-based power or to allow the Customer to use shore-based power without a customer number only in the event of: a. repeated non-payment on the part of the Customer; b. repeated non-payment on the part of the Customer. suspension of payment, declaration of bankruptcy or application of the Natural Persons Debt Rescheduling Act (Wet Schuldsanering Natuurlijke Personen); c. attachment of a substantial part of the Purchaser's (business) assets; d. placement under guardianship or administration of the Purchaser; e. termination of the Purchaser's business; f. death of the Purchaser. The Supplier is not liable for the consequences of the Exploiter's refusal to supply the Customer with shore-based power. If the Customer has chosen to use shore-side electricity without a customer number, the following provision applies:

6.4

If the Customer has opted to use shore-side electricity to which the credit card is linked, the costs charged by the credit card company for paying by credit card are for the Customer's account and will be passed on to the Customer. Only the types Mastercard or Visacard are applicable.

Article 7 - Liability for failures in the supply of shore-side electricity

7.1

The Provider and the Operator shall take all reasonable steps to prevent failures in the supply of shore-based power. A Customer is requested to report any malfunctions and damage to shore-based power supplies immediately to the Service-/failure service.

7.2

Only in the event of intent or wilful recklessness on the part of the Provider or Exploiter or companies engaged by them, shall the Provider be liable for direct damage suffered by the Customer with a limitation of one million euros per event. A coherent series of events counts as one event. Liability for indirect damages, such as, but not limited to, loss of profit and loss of turnover, is excluded.

7.3

Malfunctions in the electricity network, in the supply of electricity to the Provider and/or malfunctions in the networks of the (mobile) telephone company or internet provider of the Customer are at his own expense and risk.

Article 8 - Liability

8.1

Subject to any limitations provided by law or regulation, the Customer shall be liable for all damage sustained by himself and all direct damage (i.e. not consequential damage) sustained by the Supplier, the Exploiter and/or third parties engaged by the Supplier or the Exploiter as a result of injudicious use of shore-based power and/or the shore-based power facilities, including but not limited to:

a. Incorrect docking of the Ship to or disconnection of the Ship from the shore power connection;

b. the use of an adaptor plug (of any type), cable or plug of a type not conforming to the safety standards of the particular shore power connection or having an amperage less than that provided with the particular shore power connection;

c. Failure to connect cables and/or plugs properly ;

d. the instantaneous offtake of more shore power than the rated maximum power of the cabinet in question;

e. failure to comply with the relevant safety and/or other regulations of the shore-based power facilities and/or the electrical installation belonging to the Customer's Ship.

8.2

The Customer shall indemnify the Supplier and the Exploiter against liability for damages and costs.

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