The provision of the online reservation system is not connected with a legally binding offer from Verkehrswacht Parkplatz GmbH (VWP, lessor) but only a non-binding invitation to the customer (renter) in order to make an offer for conclusion of a contract for a parking spot (rental contract) according to the following general settings.
By activating the button “chargeable order” the renter will make a binding offer for the conclusion of a contract for a permanent parking spot for parking a vehicle.
VWP will immediately confirm the receipt of the order by email (reception confirmation).
The acceptance of the order will take place through a confirmation of VWP, which will happen within 8 work days from the placement of the offer (contract confirmation). The contract comes into effect with the delivery of a separate contract confirmation email.
By entering the rental agreement VWP is obliged to cede the renter a parking space in the contractual fixed parking facility for the period fixed in the contract confirmation (lease period) against payment of the rent fixed in the contract confirmation for his own use. A claim for a designated parking spot in the parking facility fixed in the contract confirmation does not exist.
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 as defined by § 13 of the German Civil Code (BGB) upon concluding the lease contract. Consumers as defined by § 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.
Cancellation policy für consumers in terms of § 13 BGB - German Civil Code
You may revoke your contractual declaration in writing within two weeks of submission without having to state your reasons for doing so.
To exercise your right to cancellation you must inform us in an unequivocal statement (i.e. letter, fax, email) about your decision to revoke this contract.
For this purpose you may use attached model withdrawal form, however this is not mandatory.
The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term.
Consequences of consellation
In the case of an effective cancellation, the payments provided by you are to be returned including delivery costs (except the costs that have been inflicted by your choice of another delivery process than the cheapest standard one offered by us) immediately and latest within two weeks from the day of the reception of the cancellation notice. For this refund we will use the same means of payment that you have used at the initial transaction unless otherwise explicitly agreed. In no event will you be charged with fees for this refund.
In the case that you have asked us to start our services within the revocation period you will have to pay an appropriate amount that corresponds to the share of the services rendered up to the date you informed us about the revocation of this contract in comparison to the overall scope of the services provided in the contract.
Version of a cancellation form
(If you wish to withdraw from the contract, please complete this form and return it to):
I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*)/provision of the following service(*)
Order date (*) / recieved on (*)
Address of customer
Signature of customer (only in case of communications on paper)
(*) Delete as appropriate
Dispute settlement: Verkehrswacht Parkplatz GmbH is fundamentally unwilling and not obliged to take part in a dispute settlement procedure at a consumer arbitration board. Notwithstanding this we are obliged to inform you about the fact that regarding the so-called online dispute settlement there exists a corresponding platform on the part of the European Commission. This platform can be reached under the following link: http://ec.europa.eu/consumers/odr/. In that respect we are obliged to give you our email address: firstname.lastname@example.org.
B. General parking terms for long term parkers
RENTAL CONTRACT - GENERAL TERMS AND CONDITIONS
Subject to this contract is the lease of parking spots according to the contract confirmation (rental contract). There is no claim to a defined parking place. In case there is no parking space available due to overcrowding the renter cannot ask from the lessor a refund or a rent reduction. The rental fee is defined by the rent for rental provision for the parking space. This lease contract does not cover surveillance, monitoring, safekeeping or insurance coverage. There will not be any assumption of care or liability from the side of the lessor. The use of the parking facility is at the renter’s own risk.
Rental fee and lease duration are defined by the rental contract with a lease period (in relation to the parking place) from 1 of 3 months. You will find the minimum contract duration on our website, below the monthly rent for long term parking. The renter’s approval to raise in rent in accordance with a request for rental adjustment by the lessor shall be deemed granted if the renter has been granted an appropriate period for approval of this request and the lessor has informed the renter about the fact that his approval has been deemed granted if he does not object to this in written form within said period.
The rental fee is due on the first day of each month in advance. The renter entitles the lessor to collect the rent on the first day of each month in advance by SEPA Direct Debit until the time of cancellation. If the renter does not allow a direct debit or revokes an existing direct debit a separate handling fee of € 2,50 is to be paid on top of the monthly fee.
If the renter’s account does not have the requisite cover, the account-holding bank does not have the obligation to honor the payment. Possible fees in case of dishonor of a debit advice will be borne by the renter plus a service charge of € 25,00 per return debit. At default of payment the renter’s code card will be blocked and only after payment of the outstanding amount unblocked again. The renter will be charged with possible reminder fees amounting up to € 5,00 per dunning level.
The lessor is entitled to a right of retention and a legal lean to the parked car due to his claims resulting from the rental contract. If the renter is delayed with payment obligations the lessor can undertake the debt recovery earliest two weeks after its menace.
For the duration of the lease the renter receives a code card from the lessor. For the issuing of this card the renter will be charged with a single fee of € 5,00. The lessor’s staff is not permitted to allow entry or exit without the code card. The code card is to be kept properly. For provision of a second code card either as replacement for a lost card or for use as a second card an activation fee of € 25,00 will be charged. The period of use is restricted to the extend that only one card can be used at a time. A use of the two cards at the same time is not possible. For an additionally handed out key there will be charged a key deposit of € 25,00 which will be returned at the return of the key.
Possible change of personal data (address, bank account) will have to be communicated immediately to the lessor.
Subject to this regulation the lessor is only liable for damages that were caused by himself, his staff or his representatives. He is not liable for damages that were caused by the renter or third parties.
The lessor will not be held liable for property and financial damages caused by a slightly negligent breach of a contractual obligation which is not of importance for the achievement of the object of the contract.
The renter is obliged to report obvious damages to his vehicle immediately and before he leaves the parking facility to the lessor’s staff via the intercom at the ticket machine, the exit or through the hotline (0211/586707-70).
This does not apply in the case that such a report is objectively not possible or unreasonable, especially when nobody can be reached through the intercom or at the car park supervision. In this case the renter must inform the lessor within two weeks after leaving the parking facility in written form (e.g. by letter, fax, email). Other damages to his vehicle must be reported to the lessor in written form within a period of two weeks after the damage was discovered. If the notification is not performed within this timespan all renter’s guarantees and claims are excluded. If the renter asserts a claim for damage against the lessor he is obliged to prove that the contractual obligations have been breached by the lessor.
The lessor’s liability for property or financial damages caused by slightly negligent conduct is limited to € 100.000,00.
Verkehrswacht Parkplatz GmbH will not take part in a dispute settlement procedure at a consumer arbitration board.
The renter will be held liable for all damages inflicted to the lessor or third parties caused by himself, his staff or his representatives. Insofar he is also liable for culpable contaminations of the facility by a behavior that exceeds the normal use of the facility, e.g. garbage disposalg.
In addition, the general terms and conditions for parking facilities which are put up in the facility are applicable.
It is only allowed to drive with walking pace in the whole parking facility.
The renter has to follow the instructions of the lessor’s staff implicitly – existing traffic sign and other conditions of use shall be respected.
Otherwise, the regulations of the StVO apply.
CONDITIONS OF USE
The renter has the right to park passenger cars without trailers (vehicles) in the parking facility. Motorcycles may only be parked if this has been agreed contractually. The prerequisite 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 displays a valid inspection sticker (i.e. TÜV).
It is forbidden to park used or new vehicles that are not authorized for public traffic. The same applies to vehicles that are offered for sale.
Vehicles may only be parked within the marked parking spaces and are to be parked in a manner that the undisturbed boarding and alighting to the neighboring cars as well as entry and exit is guaranteed. Reverse parking is not permitted.
The parked vehicle is to be locked carefully and secured in customary way. Objects of value should not be left in the vehicle.
Observation of suspicious persons or acts should be reported to your own safety. Damages caused to other vehicles caused by the renter will have to be reported to the relevant authorities immediately. Otherwise he is likely to be accused of hit and run.
In case of an imminent danger the lessor is entitled to remove the car from the parking facility at the cost and risk of the renter. Moreover he can have it moved when it is parked contrary to traffic regulations or blocking other vehicles.
All police and fire relevant regulations are to be obeyed.
THE PARKING FACILITY DOES NOT ALLOW.
riding roller blades, skateboards or similar vehicles or devices, or parking them in the parking facility;
the stay of unauthorized persons without parked car and valid park card;
smoking or use of fire;
repair or maintenance of vehicles;
disturbing the neighborhood with exhaust fumes and noises especially by letting the engine run for a longer time, checking the engine and honking;
fueling oft he vehicle;
parking of trailers;
storage of fuels or flammable objects, or empty fuel receptacles;
staying in the car park for reasons not exclusively linked to parking a vehicle;
parking the vehicle with leaking tank, defective oil-, colling fluid-, AC-containers and carburators as well as other damages to the vehicle which might endanger the operation of the parking facility;
parking vehicles that have not received regulatory approval;
unauthorized parking of vehicles outside of the designed parking spaces, e.g. on lanes, on two parking spaces at a time, in front of emergency exits, on disabled parking spots, or on hatched areas.
The contract can be terminated by each party in written form and without giving reasons within the period agreed. The day of arrival of the termination letter is the decisive factor for the legality of the termination.
Termination without notice is possible due to violations of legal breaches, terms and conditions, major provisions of this contract or other important reasons.
The law of the Federal Republic of Germany shall apply. In case of consumers, who do not conclude the contract for professional or commercial purposes, this choice of law shall only be applicable insofar the afforded protection is not deprived by obligatory provisions of the law of the state in which the consumer has his or her habitual place of residence. The provisions of the UN Sales Convention (CISG) shall not apply.
If the Client is a businessman, a legal person of public law or a public separate estate, the place of fulfillment and exclusive place of jurisdiction - also in case of trial by record and summary procedures on bills of exchange - is the seat of VWP for both parts and for all claims or - if the Contractor wishes - the seat of the subsidiary that signed the Agreement. However, VWP is entitled to sue the businessman at his place of jurisdiction.
All fees include statutory VAT of currently 19%. Any increase of VAT will be adjusted from the entry into force.