General Terms and Conditions of Business for the use of parking spaces on the premises of Düsseldorf Airport

Size: px

Start display at page:

Download "General Terms and Conditions of Business for the use of parking spaces on the premises of Düsseldorf Airport"

Bathsheba Francis
6 years ago
Views:

1 This English version is solely for the purposes of making information understood to customers. In case of dispute, the relevant German version alone shall be effective and decisive. General Terms and Conditions of Business for the use of parking spaces on the premises of Düsseldorf Airport Preamble: The following General Terms and Conditions of Business for the use of parking spaces on the premises of Düsseldorf Airport are used jointly by both parking space providers which are currently active at Düsseldorf Airport. They apply to use of the following car parks: - Car park P4 - Car park P5 - Car park P23 - Car park P24 - Car park P26 as having been stipulated by the following company, operating under the brand name "Parkvogel": SITA Airport IT GmbH, Parsevalstr. 7a, Düsseldorf, Germany, who, in the case of use of the parking spaces referred to above, shall become the sole contractual partner of the parking space customer/lessee. In the case of use of the - other signed car parks on the premises of Düsseldorf Airport (with the exception of individual parking spaces and company car parks in the Airport City) these General Terms and Conditions of Business shall apply as having been stipulated by Flughafen Düsseldorf GmbH, Flughafenstr. 105, Düsseldorf, Germany who, in the case of use of these other parking spaces, shall become the sole contractual partner of the parking space customer/lessee. Both parking space providers shall be referred to together hereinafter as the "Landlady". Depending on the parking space being used, however, this term shall only refer to the parking space provider from the description above - i.e. either for Flughafen Düsseldorf GmbH or for SITA Airport IT GmbH. The parking space booking system and the use of the services offered by the Landlady are subject to the following General Terms and Conditions of Business. The version which is valid at the time of the booking in question shall be decisive. 1

2 A. General Conditions of Online Contracts I. The making available of the online reservation/booking system does not constitute a legally binding offer from the Landlady - instead, it is a non-binding invitation to the customer to provide the Landlady with a quote for the conclusion of a reservation or parking space lease contract. II. By sending the online contract form, the customer is providing a binding offer for the conclusion of a reservation or parking space lease contract. III. The offer is accepted when the Landlady sends a confirmation immediately after the offer is sent (Contract confirmation). The contract confirmation may be cancelled in accordance with the following notice from the customer within the framework of the statutory right to cancel, as long as he was acting as a consumer within the meaning of 13 of the German Civil Code (BGB) when he concluded the lease contract. Consumers within the meaning of 13 of the German Civil Code (BGB) are natural persons who conclude the lease contract for a purpose which serves neither their own commercial purposes nor those of their own self-employment. Right to cancellation Cancellation information You may revoke your contractual declaration in writing (i.e. letter, fax, ) within two weeks of making it, without having to state your reasons for doing so. This two-week period begins after this information has been received in written form - but not before the contract is concluded, and not before we have fulfilled our obligations to inform in accordance with 312c Para. 2 of the German Civil Code (BGB) in conjunction with 1 Para. 1, 2 and 4 of the German Civil Code Information Ordinance (BGB-InfoV) and our obligations in accordance with 312e Para. 1 Section 1 of the German Civil Code (BGB) in conjunction with 3 of the German Civil Code Information Ordinance (BGB-InfoV). In order to comply with the cancellation deadline, it is enough to send your cancellation away on time. The cancellation should be sent to one of the following addresses......for the parking spaces PH4, PH5, P23, P24 and P26: SITA Airport IT GmbH, "Parkvogel" Parselvalstr. 7a, Düsseldorf, Germany Fax: +49 (0) widerruf-parken@parkvogel.de...for the use of the other parking spaces on the premises of Düsseldorf Airport (with the exception of the individual parking spaces and company multi-storey car parks of the Airport City): Flughafen Düsseldorf GmbH Parkraumbewirtschaftung Flughafenstr. 105, Düsseldorf, Germany Fax: +49 (0) Widerruf-Parken@dus.com 2

3 Consequences of cancellation In the case of an effective cancellation, the services provided by both parties are to be returned, in addition to any profits made from them (i.e. interest). If you cannot return or give the Landlady the service received or any profits (i.e. advantages obtained from use), or can only return or give them back partially or in a less than optimal state, you must pay the Landlady for the loss in value caused. Duties to refund payments must be fulfilled within 30 days. The 30-day period begins for you when you send your notice of cancellation, while for the Landlady it begins when he/she receives said notice. Special notice Your right to cancellation shall become void if the contract is fulfilled by both parties at your express request before you exercise your right to cancellation. End of cancellation information The following general conditions of installation shall apply to online parking space booking and reservation unless the particular conditions for parking space reservation contain differing regulations. B. General Conditions of Installation I. Lease Contract 1. Once the parking space lease contract is concluded with the contractual confirmation, the Landlady is obliged to make available for use by the lessee a car parking space in the car park facility defined in the contractual confirmation, for the period (rental period) defined in the contractual confirmation, in return for payment of the rental amount (parking fees) defined in the contractual confirmation. During the rental period, the lessee is permitted to drive in and out of the car parking facilities just once (not a long-term rental contract). There shall be no claim on a particular parking space in the car park defined in the contractual confirmation. 2. Neither surveillance nor monitoring, safekeeping nor guarantee of insurance are covered by this lease contract. Even if staff are present in the car park, or it is being monitored by cameras (CCTV), this is not associated with any assumption of care or liability - especially not for theft or damage. In the case of video surveillance, the responsible party within the meaning of the German Federal Data Protection Act (BDSG) is the Landlady (see Preamble for name and address). II. Rental price/parking and reservation fee 1. The rent ("parking fee") shall be defined according to the time which elapses between the entry and exit of a vehicle into/from the car park (rental period) or the rental period defined in the contractual confirmation. The parking fee is to be paid according to the price list valid at the time the vehicle enters the car park, and which is displayed on site or included in the contractual confirmation. 2. In the case of products which must be paid for in advance, the parking fee referred to on the booking screen must be paid immediately using a credit card or electronic transfer. In case the customer does not use the rented parking space, a refund of the parking fees is 3

4 only possible in accordance with the valid legal provisions (currently: 537 of the German Civil Code (BGB)) and is otherwise excluded. A refund of the parking fees is excluded if the customer drives his vehicle out of the car park before the end of the rental period defined in the contractual confirmation. In the case of products which are to be "paid upon exit", the parking fee is to be paid upon exit, at the exit terminal and using the access card (credit card, debit card) provided when the reservation was made. If a bar code is being used to gain entry, then any credit or debit card can be used. If the customer has used an entry card (car park ticket) to gain entry (see following Lit. B VI 1 and 2), the parking fee must be paid before the vehicle leaves the car park - at the automated pay station or by showing the entry card at the parking service centre on site. 3. In the case of fee-incurring reservations, the reservation defined on the reservation/booking screen must be paid immediately upon booking/reservation by credit card or electronic transfer. 4. The reservation fee cannot be refunded under any circumstances - especially in the case that the customer does not use the reservation or parking space, or does not drive his vehicle into the car park within the reservation/rental period. III. Parking duration 1. The contract shall terminate when the rental period expires, unless the contract is cancelled beforehand with immediate effect, or something else is expressly agreed upon. During the rental period, ordinary termination of the rental contract shall be excluded. 2. The longest period for which a vehicle may be parked is 6 weeks. After the contract has expired or once the maximum parking duration has elapsed, the lessee is obliged to remove the vehicle from the car park immediately, and to pay any unpaid parking fees. If the lessee fails to fulfil his obligation to remove the vehicle, the Landlord has the right to remove the lessee's vehicle from the car park after sending a written request setting an appropriate deadline and threatening removal of the vehicle. The lessee shall bear the costs of removing, keeping, recovering and disposing of the vehicle, unless the lessee is not responsible for the failure to remove the vehicle. 3. If the lessee fails to remove his vehicle from the car park after the end of the rental period or the maximum parking duration, the lessee shall owe a use fee for the period until the vehicle is removed which shall be determined in accordance with the parking fees on the price list displayed on site in the car park at the time when the vehicle entered the car park. 4. The use fee shall be paid when the vehicle is driven out, using the same credit or debit card used upon entry. If a car park ticket was used upon entry, then the parking fees are to be paid at the automated pay station on site. 5. Each party has the right to cancel the contract for good reason without giving any notice. The Landlady shall be considered to have good reason in particular if the lessee violates the provisions of use in accordance with Lit. C more than once or repeatedly despite being warned, unless the lessee is not responsible for the violation. 6. In case of violation of the provisions of use in accordance with Lit. C or other instances of trespass, the Landlady has the right to have the vehicle towed away at the expense of the lessee, as long as no more than eight hours have passed between the vehicle being parked and the towing company being commissioned. The Landlady also has the right to remove the vehicle from the car park in case of urgent danger. IV. Liability of the Landlady 1. For the duration of the lease contract, the Landlady shall be liable for any damage which can be proved to have been culpably caused by duty violations by her, her staff or subcontractors. Accordingly, the Landlady shall not be liable for damage caused solely by 4

5 natural events, other lessees or other third parties; in particular in the case of theft or damage to the vehicle. 2. The Landlady shall only be liable for duty violations if they are committed intentionally or due to gross negligence, as long as nothing else is provided for hereafter. In the case of simple negligence, the Landlady shall only be liable if injury has been caused to life, limb or health (personal injury) or a fundamental contractual duty has been violated, the fulfilment of which would have been crucial to the proper fulfilment of the contract, and in the fulfilment of which the lessee trusts and may trust. V. Liability of the Lessee The lessee shall be liable for all damage culpably caused by himself, his staff, his subcontractors or people accompanying him to the Landlady or to third parties. He shall also be liable for culpably caused soiling and damage of the car park. VI. Access medium 1. For entry and exit into/from the car park, the lessee shall insert the credit or debit card he used for booking into the entry/exit terminal, or use the barcode which has been made available. 2. Should it not be possible to use the credit or debit card (access card) or barcode provided for technical reasons, the customer must take an access ticket (car park ticket) on site, which he must insert into the entrance terminal when he enters, and which must be paid for at the automated pay station at the exit. For the Landlady, whoever is in possession of the access medium (access/entrance ticket) has the right to use the vehicle and the parking space being rented. The Landlady has the right to check that a person has this right - but she is not obliged to do so. If the access medium is not accepted, the help button on the entry terminal should be pressed. Upon exit, the lessee shall insert the access medium into the exit terminal. Payments shall only be made to the authorised checkout staff if payment by access card is not possible for technical reasons. In the case of payment being made to checkout staff, the lessee shall receive a receipt on which the name of the staff member, the payment amount and the date are indicated. 3. If the lessee does not use the access medium foreseen for this purpose in accordance with Section 2, he shall pay the Landlady a one-off reimbursement of expenses equal to a daily parking fee, unless the lessee is not responsible for not being able to use the access card, or can prove that there were no expenses incurred or that those incurred were substantially lower than the reimbursement fee; the right to claim other compensation shall remain unaffected by this. The lessee shall owe the parking fee for the rental period irrespective of any reimbursement of expenses he pays. VII. Applicable law Jurisdiction agreement Translations 1. The legal provisions of the Federal Republic of Germany shall apply exclusively. 2. If the lessee is a businessperson, then the place of jurisdiction for any legal disputes arising for any legal reason shall be the business domicile of the Landlady - Düsseldorf - unless another place of jurisdiction is necessarily prescribed by law. 3. In case of translation of these General Terms and Conditions of Business, the German version alone shall remain legally binding. 5

6 C. Provisions of use 1. The vehicle may only be parked or driven away during the opening times displayed on site or announced in any other way. 2. The lessee has the right to park passenger cars without trailers (vehicles) in the car park. Motorcycles may only be parked if a corresponding sign expressly indicates that this is allowed. The condition for the parking permit is always that the parked vehicle has liability insurance, has a proper registration plate in accordance with German traffic vehicle registration regulations ( 23 StVZO) and is displaying a valid inspection sticker (i.e. TÜV). 3. Vehicles may only be parked within the marked parking spaces - with just one vehicle per parking space. Reverse parking is not permitted. If admission staff work on site, the lessee must park in the space indicated by them. If spaces are reserved for lessees with special rights (i.e. long-term parking, disabled spaces), the lessees must prove their right to these on request. 4. Inside the car park, the maximum speed a car may be driven at is walking pace. 5. The following is not permitted in the car park: storage of fuels or flammable objects, or empty fuel receptacles; leaving engines running unnecessarily; parking vehicles with leaky tanks or engines, or which are not in a safe state to drive for other reasons; staying in the car park for reasons not exclusively linked to parking a vehicle - especially camping; repair or maintenance of vehicles; dirtying of the car park, especially by cleaning the vehicle or releasing coolant, fuel or oil; walking on the roads, including entrances and exits, unless there are no paths or hard shoulder available; smoking or use of fire; riding of bicycles, mopeds, roller blades, skateboards or other vehicles or devices, or parking them in the car park; distribution of advertising material. 6. The lessee must also follow the instructions of staff, in addition to the traffic signs and signposts on site. In addition, the airport rules of use and the provisions of the German Highway Code shall apply accordingly. 7. In the case of damage, the lessee is obliged to notify car park staff (who may have to be contacted via a distress call) of said damage before they leave the car park, and must give staff the opportunity to inspect the vehicle. If, in exceptional cases, this is not possible or cannot reasonably be expected of the lessee, the damage must be reported no later than 14 days after it occurred - to the Landlady, in writing and sent to the address listed in the Preamble. In the case of damage which is not immediately apparent, the damage must be reported within 14 days of it being discovered (limitation period). 8. If the lessee violates his duty to report the damage in accordance with the paragraphs above, he shall have no right to claim compensation - unless he is not responsible for the violation. This liability disclaimer shall not apply if personal injury has been caused to the lessee, or if the Landlady has caused the damage intentionally or due to gross negligence. 6

7 D. Special conditions for parking space reservation I. Reservation obligation Reservation period 1. Upon conclusion of the reservation contract via the contractual confirmation, the Landlady is obliged to keep a parking space free for the customer in the car park defined in the contractual confirmation - for the purposes of the conclusion of a lease contract in accordance with the following paragraphs: 2 3 and Lit. B II and III. 2. The Landlady shall keep a reserved parking space free for the customer for one hour from the entry time defined in the contractual confirmation (reservation period). If no entry into the car park takes place during the reservation period, the reservation shall be deemed to have not been made use of. In this case, the reservation will be deleted, and the Landlady shall have the right to give the parking space to somebody else. 3. When the customer's vehicle enters the car park, a rental contract comes into being between the Landlady and the customer, the subject of which is a parking space, according to the conditions in Lit. B II and III. II. Rent For products to be paid "on exit", the parking fee is charged upon exit from the exit terminal, in accordance with the parking tariff which applied when the entry was made, and must be paid using the credit or debit card supplied when the reservation was made. If a bar code is being used to gain entry, then any credit or debit card can be used for payment. If the customer has used an entry card (car park ticket) to gain entry, the parking fee must be paid before the vehicle leaves the car park - at the automated pay station or by showing the entry card at the parking service centre on site. For products which must be paid in advance, the parking fee defined on the online booking screen must be paid immediately by credit card or electronic transfer. III. Rebooking Rebooking and late changes to reservations are possible in principle in accordance with the following conditions - although rebooking cannot be used to change the contractual partner who will be letting out the parking space: A one-off rebooking can be carried out at no extra charge. The reservation fee will not be refunded. From the time when the contractual confirmation is received, changes can be made to bookings up to 24 hours before the beginning of the parking period which has been agreed upon. In the case of rebooking, the newly selected parking period start time may be up to 12 months after the parking period start time which was originally agreed upon. Changing a booking to another tariff group is possible as long as the newly chosen parking quote has the same payment method ("advance payment" or "payment on exit") as the one originally booked. It is also possible to change a booking to make it longer or shorter than the parking period originally booked. If a booking is changed so that it is in a more expensive tariff group, or the originally booked parking period is extended, the price difference to the originally booked parking quote will be calculated. In the case of products to be paid in advance, your credit or debit card will be 7

8 charged when you complete the change to the booking - with the corresponding price difference. In the case of products to be paid upon exit, you will pay the parking fees on site at the barrier by credit or debit card (the parking fees are calculated according to how long you actually stay in the car park, and in accordance with the tariff displayed on site for the parking space in question). If a booking is changed so that it is in a less expensive tariff group, or for a shorter period of time than that originally booked, the difference in price will not be refunded if the product has been paid for in advance. 8

Terms of Agreement. Clause 2 Subject matter of the agreement, description of services, duration of parking (stay)

Terms of Agreement. Clause 2 Subject matter of the agreement, description of services, duration of parking (stay) Terms of Agreement A. General terms and conditions for pre-booking online Clause 1 Pre-booking a parking space, conclusion of the agreement 1. Provision of the online booking system does not constitute