Here are our GTC
General terms and conditions of SITA Airport IT GmbH (parking garage and car park PSD BANK DOME)
- GTC valid from 29.05.2019
The parking space booking system and the use of the services offered by SITA Airport IT GmbH are subject to the following General Terms and Conditions. The version which is valid at the time of the booking in question is decisive.
A. General Conditions of Online Contracts
I. The provision of the online reservation/booking system does not constitute a legally binding offer from SITA Airport IT GmbH, but rather is a non-binding invitation to the customer to submit an offer to us for the conclusion of a reservation or parking space lease contract.
II. By submitting the online contract form, the customer is providing a binding offer for the conclusion of a reservation or parking space lease contract.
III. This offer is accepted through confirmation by SITA Airport IT GmbH, which takes place immediately after submission of the offer and subsequent review of the availability of parking spaces by SITA Airport IT GmbH (contract confirmation).
IV. Revocation information
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.
Right to revoke
You can revoke your contractual declaration within two weeks after the conclusion of the contract (i.e. after receiving the contract confirmation) without providing reasons. If the contractual declaration is submitted within a period of two weeks before the desired parking space rental date, the period for revocation ends at the latest upon entry into the parking garage on the day of parking space usage. The grace period starts upon receipt of this instruction in a text format, however, not before the conclusion of the contract and not before the fulfilment of our duty to provide information pursuant to §§ 312c, 312d (1), 312g (1), 355 of the BGB (German Civil Code) in conjunction with Article 246a of the EGBGB (Introductory Act to the German Civil Code). Mailing the revocation on time is sufficient for compliance with the revocation deadline.To exercise your right of revocation, you must notify us thereof in a clear declaration (e.g. a letter sent by post, fax or email) regarding your decision to withdraw from this contract. You can use the following sample withdrawal form, however, it is not mandatory:
*****
Sample withdrawal form(If you want to withdraw from the contract, please fill out this form and send it back.)
To
SITA Airport IT GmbH
IT Parking
Parsevalstraße 7a
40468 Düsseldorf
Fax.: +49 (0)211 55359
Email: info@sita-airport-it.aeroI/we (*) herewith withdraw from the contract I/we (*) concluded regarding the reservation/rental of a parking space:
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Ordered on ……….. (enter date) / for the period ………………. (enter booking period) for the vehicle with the license plate number ………… (enter license plate number)
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Name of the user(s)
-
Address of the user(s)
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Signature of the user(s) (only if the notification is on paper)
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Date(*) Strike through the option that does not apply.
*****The revocation must be sent to:
SITA Airport IT GmbH
IT Parking
Parsevalstraße 7a
40468 Düsseldorf
Tel: +49 211 421-55100
Fax: +49 211 55359
E-mail: info(at)sita-airport-it.aero
Consequences of revocation
In the case of an effective revocation, the services provided by both parties (if applicable) are to be returned, in addition to any profits made from them (i.e. interest). If you cannot return or give us the service received or any profits (i.e. advantages obtained from use), or can only return or give them partially or in a deteriorated condition, you must compensate us for this lost value. Duties to refund payments must be fulfilled within 30 days. This period begins for you when you send your declaration of revocation, and for us when we receive this notice.
Special notice
Your right to cancellation will become void if the contract is fulfilled by both parties at your express request before you exercise your right to cancellation.
End of revocation information
V. European Online Dispute Resolution
The European Commission has set up an online dispute resolution platform, http://ec.europa.eu/consumers/odr/ . The platform is dedicated to helping consumers to resolve out-of-court settlement of disputes arising from online contracts with a company established in the EU.
SITA Airport IT GmbH does not have to participate in dispute resolution proceedings before a consumer arbitration board. We prefer to clarify your concerns in direct exchange with you and therefore do not participate in such a dispute settlement procedure. Please contact us with questions and problems directly.B. General Terms of Use, Special conditions for parking space reservation and for re-booking and cancellation
The following general conditions of installation and usage apply to online parking space booking and reservation unless the particular conditions for parking space reservation contain differing regulations.
I. Lease contract
1. Upon conclusion of the parking space lease contract through the contractual confirmation, SITA Airport IT GmbH is obligated to provide the lessee with a parking space in the parking 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. There is no claim to a particular parking space in the car park defined in the contractual confirmation.
2. This lease contract does not cover surveillance, monitoring, safekeeping or insurance coverage. Even if staff are present in the parking facility or it is being monitored by cameras (video surveillance), this is not associated with any assumption of care or liability, especially not for theft or damage. To the extent required by the data protection legislation, the responsible authority for video monitoring is SITA Airport IT GmbH, Parsevalstrasse 7a, 40468 Düsseldorf, Tel. +49 211 421 55001.
II. Rental price / parking and reservation fee
1. The rent (parking fee) is defined according to the time elapsed between the entry and exit of a vehicle into/from the parking facility (rental period). The fees agreed in the lease contract are valid upon adherence to the parking time booked online. If the rental period is exceeded, the fees stated in Clause V,4 will apply. This also applies if any special offers are booked and the prerequisites of these special offers are not fulfilled on the part of the lessee.
2. For “advance payment” products, the parking fee shown on the booking screen must be paid immediately using one of the payment methods offered. A refund of parking fees is impossible if the customer exits the parking complex before the end of the rental period shown in the contractual confirmation.
For “Payment on exit” products, the customer uses an entrance card to enter into the parking facility. In this case, the parking fee must be paid before the vehicle is removed by presenting the entry ticket at the payment machine or in the parking service office on site.
3. For fee-based reservations, the reservation fee shown on the reservation/booking screen must be paid immediately using one of the payment methods offered.
4. The reservation fee cannot be refunded under any circumstances - especially in the event 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 (see number III).
5. If the customer is not able to pay the parking fees upon exiting the parking facility, SITA Airport IT GmbH has the right to charge the parking fees to the credit card used for the booking.
III. Special conditions for parking space reservation: reservation obligation – reservation period, rent
1. Upon conclusion of the reservation contract via the contractual confirmation, SITA Airport IT GmbH is obligated to hold a parking space for the customer in the parking facility defined in the contractual confirmation, for the purposes of the conclusion of a lease contract in accordance with Lit. B. There is no claim to a particular parking space in the parking facility defined in the contractual confirmation.
2. SITA Airport IT GmbH will hold a reserved parking space for the customer for four hours from the entry time defined in the contractual confirmation (reservation period). If no entry into the car park takes place during the reservation period stated in the contractual confirmation, the reservation is considered unfulfilled. In this case, the reservation will be deleted, and SITA Airport IT GmbH will have the right to give the parking space to somebody else.
3. When the customer's vehicle enters the parking facility, a lease contract comes into effect between SITA Airport IT GmbH and the customer, the subject of which is a parking space, according to the conditions in Lit. B.
4. For “Payment on exit” products, the parking fee is charged upon exit from the exit terminal, in accordance with the parking rate which applied when the parking facility was entered, and must be paid using the credit or debit card supplied when the reservation was made. If a bar code is being used to enter the parking facility, then any credit or debit card can be used for payment. If the customer has used an entrance card (parking ticket) to enter the parking facility, the parking fee must be paid before the vehicle leaves the parking facility at the automated pay station or by presenting the entrance card at the parking service centre on site.
IV. Special conditions for rebooking / cancellation
1. Rebooking and subsequent changes to reservations are possible in accordance with the following conditions, whereby rebooking cannot be used to change the contractual partner renting out the parking space:
1.1 A one-off rebooking can be carried out at no extra charge. The reservation fee will not be refunded. From the time the contractual confirmation is received, rebookings can take place up to 24 hours before the beginning of the parking period which has been agreed upon.
1.2 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.
1.3 Changing a booking to another rate group is possible as long as the newly selected parking offer has the same payment method ("advance payment" or "payment on exit") as the one originally booked.
1.4 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 rate group or for a longer period of time than that originally booked, the price difference to the originally booked parking offer will be calculated. For “advance payment” products, your credit card will be charged with the corresponding price difference when you complete the change to the booking. For “payment on exit” products, you will pay the parking fees on site (the parking fees are calculated according to how long you actually stay in the parking facility and in accordance with the rate displayed on site for the parking space in question).
If a booking is changed so that it is in a less expensive rate group or for a shorter period of time than that originally booked, the difference in price will not be refunded for “advance payment” products.
2. In the case of "pre-payment" type products, the parking fee can be refunded if the customer omits to use the rented parking space only if a) cancellation of the product concerned had not been expressly ruled out at the time of booking and b) the customer cancelled the parking space booking more than 48 hours before the agreed start of the parking period either in writing or via email to the address mentioned in Section A, para. III. The effective time is the receipt of the cancellation declaration at SITA Airport IT GmbH.
In the case of a cancellation applicable according to the para. above, a processing fee of 10 euros, incl. VAT, will be charged and the difference (parking fee less processing fee) will be refunded to the customer. The customer shall be entitled to prove that SITA Airport IT GmbH has incurred lower costs.
Moreover, if the customer does not use the rented parking space, a refund of the parking fees is only possible in accordance with the valid legal provisions (currently: Para. 537 German Civil Code [BGB]).
3. The right of revocation is not affected by the aforementioned provisions of this para. IV and shall remain in force in accordance with the provisions of Section A, para. III.
V. Parking duration
1. The contract will terminate when the rental period expires, unless the contract is cancelled beforehand with immediate effect or something else is expressly agreed upon.
2. During the rental period, ordinary termination of the lease contract is excluded. The lease contract ends upon expiry of the rental period, unless the lease contract is cancelled without prior notice.
3. After the contract has expired, the lessee is obligated 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, SITA Airport IT GmbH has the right to remove the lessee's vehicle from the parking facility after sending a written request setting an appropriate deadline and threatening removal of the vehicle. The lessee will 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.
4. If the lessee does not remove the vehicle from the parking facility after expiry of the rental period, the lessee owes compensation for use in the amount of the parking fees customary of the location for the time up to removal. The applicable parking fees posted on site in the parking facility in which the vehicle is located in the period up to removal are considered “customary of the location”.
5. The compensation for use must be paid by credit card or debit card before the vehicle is removed. Upon request, the customer will receive a receipt stating the compensation for use withdrawn. If the customer has used an entry card to enter the parking facility, the compensation for use must be paid by presenting the entry card at the parking service centre on site before removal of the vehicle.
6. Each party has the right to cancel the contract for good reason without prior notice. SITA Airport IT GmbH is in particular considered to have good reason 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.
7. In the event of violation of the provisions of use in accordance with Lit. C or other instances of trespass, SITA Airport IT GmbH has the right to have the vehicle towed away at the expense of the lessee, as long as no more than eight hours have elapsed between the vehicle being parked and the towing company being commissioned. SITA Airport IT GmbH also has the right to remove the vehicle from the parking facility in the event of urgent danger.
VI. Liability of SITA Airport IT GmbH
1. For the duration of the lease contract, SITA Airport IT GmbH is only liable for compensation (including non-contractual liability) if the damage was caused by gross negligence or intentionally or is based on the violation of an essential, contractual primary obligation or cardinal obligation that enables performance of the contract in the first place and on whose fulfilment the lessee relies and may rely. These essential, contractual primary obligations do not include additional services such as a shuttle or luggage service.
2. If SITA Airport IT GmbH violates a cardinal obligation or contractually essential obligation, the compensation obligation is limited to the contractually typical, foreseeable damages.
2.1 The liability of SITA Airport IT GmbH for property losses is thus limited to an amount of five thousand EURO (5,000.- €) per case of damage and an amount of ten thousand EURO (10,000.- €) for all cases of damage under this contract.
2.2 For liability for property damages, the damage is limited to an amount of thirty thousand EURO (30,000.- €) at the most.
2.3 Liability for the violation of other obligations is excluded.
3. Liability of SITA Airport IT GmbH for consequential damages or indirect damages, including but not limited to lost profit and loss of savings, is excluded.
4. Accordingly, SITA Airport IT GmbH is not liable for damage caused solely by natural events, other lessees or other third parties, and in particular due to theft or damage to the vehicle.
5. The liability restrictions above also work in favour of the employees of the parties, all companies involved and connected in the performance of the contract, as well as their respective employees.
6. The liability restrictions above do not apply insofar as SITA Airport IT GmbH is liable in accordance with the product liability law or other mandatory legal provisions, as well as in the event of personal injury.
VII. Liability of the Lessee
The lessee is liable for all damage culpably caused by himself, his staff, his subcontractors or people accompanying him to SITA Airport IT GmbH or to third parties. He is also liable for culpably caused soiling and damage of the parking facility.
VIII. Access medium
1. To enter and exit the parking complex, the hirer must use the access medium (EC card, credit card, PIN code or bar code) specified at the time of booking. If this access medium triggers the issuing of an entry ticket on entry, such entry ticket must be taken. This will then be considered the credential for using the reserved parking space. This entry ticket must be inserted into the payment machine for parking fee calculation and payment, before leaving the parking area.
2. For SITA Airport IT GmbH, whoever is in possession of the access medium has the right to use the parking space being rented. SITA Airport IT GmbH has the right, but is not obligated, to verify this authorisation. If the access medium is not accepted, the help button on the entry terminal should be pressed. On exit, the hirer has to insert the access medium or the ticket obtained after paying at the payment machine into the exit terminal. If payment is being made to checkout staff, the lessee will receive a receipt on which the name of the staff member, the payment amount and the date are indicated.
IX. Applicable law – Jurisdiction agreement – Translations1. If the customer/lessee is a consumer, the mandatory regulations under the country’s laws in which they normally reside apply.
2. Outside the scope of consumer protection standards, German law applies, excluding the Conflict of Law Rules in Private International Law.
3. If the customer/lessee is a businessperson, then the place of jurisdiction for any legal disputes arising for any legal reason will be the business domicile of SITA Airport IT GmbH - Düsseldorf - unless another place of jurisdiction is mandatorily prescribed by law.
4. In case of translation of these General Terms and Conditions, the German version alone remains legally binding.C. Provisions of use
1. The vehicle may be parked or picked up only during the opening times posted on site or otherwise announced.
2. The lessee has the right to park passenger cars without trailers (vehicles) in the parking facility. Motorcycles may only be parked if a corresponding sign expressly indicates that this is allowed. Campers may nly be parked if they do not exceed a total weight of 2,8 ton. 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).
3. Vehicles may only be parked within the marked parking spaces - with only one vehicle per parking space. Reverse parking is not permitted. If admission staff is present, the lessee must park in the space they assign. If spaces are reserved for lessees with special rights (e.g. reserved parking spaces, long-term parking, disabled spaces, women), the lessees must verify their right to these on request. Users of reserved parking spaces without restricted access must place the reservation confirmation in the vehicle so that it is visible from the outside.
4. Inside the parking facility, the maximum speed a car may be driven is walking pace.
5. The parking facility does not allow
– storage of fuels or flammable objects, or empty fuel receptacles;
– unnecessary running of motors;
– parking of 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 parking facility, 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 shoulders available;
– smoking or use of fire;
– riding bicycles, mopeds, roller blades, skateboards or other vehicles or devices, or parking them in the parking facility;
– distribution of advertising material.
6. The lessee must also follow the instructions of the 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 apply accordingly.
7. The lessee is obligated to immediately report to SITA Airport IT GmbH any damage that he has caused to the parking garage or facilities located therein.
8. The lessee is obligated to report any obvious damage to his vehicle to the parking facility staff, who may have to be contacted via a distress call, before leaving the parking facility, and must give staff the opportunity to inspect the vehicle. If, in exceptional cases, this is not possible because there is no employee available when exiting, or if this cannot be reasonably expected of the lessee, the damage must be reported in textual form (e.g. email, Telefax, SMS etc.) to SITA Airport IT GmbH at the address listed under Clause A Number III no later than 7 days after occurrence of the damage. For non-obvious damages, notification must take place also in textual form within 14 days of discovering the damage, but it any case within 80 days after conclusion of the parking process (cut-off periods), as the data on the parking process are deleted for data protection purposes.
9. If the lessee violates his duty to report the damage in accordance with paragraph 1 Clause C.8, he will have no right to claim compensation unless he is not responsible for the violation. This liability disclaimer does not apply if personal injury has been caused to the lessee, or if SITA Airport IT GmbH has caused the damage intentionally or due to gross negligence.
Last updated: 29/05/2019Download: GTC of SITA Airport IT GmbH (parking garage and car park PSD BANK DOME) valid from 29.05.2019 (PDF, 336 KB)
- GTC valid from 30.01.2019 until 28.05.2019
The parking space booking system and the use of the services offered by SITA Airport IT GmbH are subject to the following General Terms and Conditions. The version which is valid at the time of the booking in question is decisive.
A. General Conditions of Online Contracts
I. The provision of the online reservation/booking system does not constitute a legally binding offer from SITA Airport IT GmbH, but rather is a non-binding invitation to the customer to submit an offer to us for the conclusion of a reservation or parking space lease contract.
II. By submitting the online contract form, the customer is providing a binding offer for the conclusion of a reservation or parking space lease contract.
III. This offer is accepted through confirmation by SITA Airport IT GmbH, which takes place immediately after submission of the offer and subsequent review of the availability of parking spaces by SITA Airport IT GmbH (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 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 information
Right to cancellation
You may revoke your contractual declaration in writing (i.e. letter, fax, email) within two weeks of submission without having to state your reasons for doing so. If the contractual declaration is submitted within a period of two weeks before the desired parking space rental date, the period for cancellation ends at the latest upon entry into the parking garage on the day of parking space usage. 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). Mailing the cancellation on time is sufficient for compliance with the cancellation deadline. The cancellation must be sent to:
SITA Airport IT GmbH
IT Parking
Parsevalstraße 7a
40468 Düsseldorf
Fax: +49 211 55359
E-mail: info@sita-airport-it.aeroConsequences of cancellation
In the case of an effective cancellation, the services provided by both parties (if applicable) are to be returned, in addition to any profits made from them (i.e. interest). If you cannot return or give us the service received or any profits (i.e. advantages obtained from use), or can only return or give them partially or in a deteriorated condition, you must compensate us for this lost value. Duties to refund payments must be fulfilled within 30 days. This period begins for you when you send your declaration of cancellation, and for us when we receive this notice.
Special notice
Your right to cancellation will 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 and usage apply to online parking space booking and reservation unless the particular conditions for parking space reservation contain differing regulations.
B. General Terms of Use
I. Lease Contract
1. Upon conclusion of the parking space lease contract through the contractual confirmation, SITA Airport IT GmbH is obligated to provide the lessee with a parking space in the parking 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. There is no claim to a particular parking space in the car park defined in the contractual confirmation.
2. This lease contract does not cover surveillance, monitoring, safekeeping or insurance coverage. Even if staff are present in the parking facility or it is being monitored by cameras (video surveillance), this is not associated with any assumption of care or liability, especially not for theft or damage. To the extent required by the data protection legislation, the responsible authority for video monitoring is SITA Airport IT GmbH, Parsevalstrasse 7a, 40468 Düsseldorf, Tel. +49 (0)211 421 55001.
II. Rental price / parking and reservation fee
1. The rent (parking fee) is defined according to the time elapsed between the entry and exit of a vehicle into/from the parking facility (rental period). The fees agreed in the lease contract are valid upon adherence to the parking time booked online. If the rental period is exceeded, the fees stated in Clause III,4 will apply. This also applies if any special offers are booked and the prerequisites of these special offers are not fulfilled on the part of the lessee.
2. For “advance payment” products, the parking fee shown on the booking screen must be paid immediately using one of the payment methods offered. A refund of parking fees is impossible if the customer exits the parking complex before the end of the rental period shown in the contractual confirmation.
For “Payment on exit” products, the customer uses an entrance card to enter into the parking facility (see following Lit. D II 2). In this case, the parking fee must be paid before the vehicle is removed by presenting the entry ticket at the payment machine or in the parking service office on site.
3. For fee-based reservations, the reservation fee shown on the reservation/booking screen must be paid immediately using one of the payment methods offered.
4. The reservation fee cannot be refunded under any circumstances - especially in the event 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.
5. If the customer is not able to pay the parking fees upon exiting the parking facility, SITA Airport IT GmbH has the right to charge the parking fees to the credit card or debit card used for the booking.
III. Parking duration
1. The contract will terminate when the rental period expires, unless the contract is cancelled beforehand with immediate effect or something else is expressly agreed upon.
2. During the rental period, ordinary termination of the lease contract is excluded. The lease contract ends upon expiry of the rental period, unless the lease contract is cancelled without prior notice.
3. After the contract has expired, the lessee is obligated 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, SITA Airport IT GmbH has the right to remove the lessee's vehicle from the parking facility after sending a written request setting an appropriate deadline and threatening removal of the vehicle. The lessee will 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.
4. If the lessee does not remove the vehicle from the parking facility after expiry of the rental period, the lessee owes compensation for use in the amount of the parking fees customary of the location for the time up to removal. The applicable parking fees posted on site in the parking facility in which the vehicle is located in the period up to removal are considered “customary of the location”.
5. The compensation for use must be paid by credit card or debit card before the vehicle is removed. Upon request, the customer will receive a receipt stating the compensation for use withdrawn. If the customer has used an entry card to enter the parking facility (see following Lit. B VI 1 and 2), the compensation for use must be paid by presenting the entry card at the parking service centre on site before removal of the vehicle.
6. Each party has the right to cancel the contract for good reason without prior notice. SITA Airport IT GmbH is in particular considered to have good reason 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.
7. In the event of violation of the provisions of use in accordance with Lit. C or other instances of trespass, SITA Airport IT GmbH has the right to have the vehicle towed away at the expense of the lessee, as long as no more than eight hours have elapsed between the vehicle being parked and the towing company being commissioned. SITA Airport IT GmbH also has the right to remove the vehicle from the parking facility in the event of urgent danger.
IV. Liability of SITA Airport IT GmbH
1. For the duration of the lease contract, SITA Airport IT GmbH is only liable for compensation (including non-contractual liability) if the damage was caused by gross negligence or intentionally or is based on the violation of an essential, contractual primary obligation or cardinal obligation that enables performance of the contract in the first place and on whose fulfilment the lessee relies and may rely. These essential, contractual primary obligations do not include additional services such as a shuttle or luggage service.
2. If SITA Airport IT GmbH violates a cardinal obligation or contractually essential obligation, the compensation obligation is limited to the contractually typical, foreseeable damages.
2.1 The liability of SITA Airport IT GmbH for property losses is thus limited to an amount of five thousand EURO (5,000.- €) per case of damage and an amount of ten thousand EURO (10,000.- €) for all cases of damage under this contract.
2.2 For liability for property damages, the damage is limited to an amount of thirty thousand EURO (30,000.- €) at the most.
2.3 Liability for the violation of other obligations is excluded.
3. Liability of SITA Airport IT GmbH for consequential damages or indirect damages, including but not limited to lost profit and loss of savings, is excluded.
4. Accordingly, SITA Airport IT GmbH is not liable for damage caused solely by natural events, other lessees or other third parties, and in particular due to theft or damage to the vehicle.
5. The liability restrictions above also work in favour of the employees of the parties, all companies involved and connected in the performance of the contract, as well as their respective employees.
6. The liability restrictions above do not apply insofar as SITA Airport IT GmbH is liable in accordance with the product liability law or other mandatory legal provisions, as well as in the event of personal injury.
V. Liability of the Lessee
The lessee is liable for all damage culpably caused by himself, his staff, his subcontractors or people accompanying him to SITA Airport IT GmbH or to third parties. He is also liable for culpably caused soiling and damage of the parking facility.
VI. Access medium
1. To enter and exit the parking complex, the hirer must use the access medium (EC card, credit card, PIN code or bar code) specified at the time of booking. If this access medium triggers the issuing of an entry ticket on entry, such entry ticket must be taken. This will then be considered the credential for using the reserved parking space. This entry ticket must be inserted into the payment machine for parking fee calculation and payment, before leaving the parking area.
2. For SITA Airport IT GmbH, whoever is in possession of the access medium has the right to use the parking space being rented. SITA Airport IT GmbH has the right, but is not obligated, to verify this authorisation. If the access medium is not accepted, the help button on the entry terminal should be pressed. On exit, the hirer has to insert the access medium or the ticket obtained after paying at the payment machine into the exit terminal. If payment is being made to checkout staff, the lessee will receive a receipt on which the name of the staff member, the payment amount and the date are indicated.
VII. Applicable law – Jurisdiction agreement – Translations
1. The law of the Federal Republic of German is valid.
2. If the lessee is a businessperson, then the place of jurisdiction for any legal disputes arising for any legal reason will be the business domicile of SITA Airport IT GmbH - Düsseldorf - unless another place of jurisdiction is mandatorily prescribed by law.
3. In case of translation of these General Terms and Conditions, the German version alone remains legally binding.
C. Provisions of use
1. The vehicle may be parked or picked up only during the opening times posted on site or otherwise announced.
2. The lessee has the right to park passenger cars without trailers (vehicles) in the parking facility. Motorcycles may only be parked if a corresponding sign expressly indicates that this is allowed. Campers may nly be parked if they do not exceed a total weight of 2,8 ton. 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).
3. Vehicles may only be parked within the marked parking spaces - with only one vehicle per parking space. Reverse parking is not permitted. If admission staff is present, the lessee must park in the space they assign. If spaces are reserved for lessees with special rights (e.g. reserved parking spaces, long-term parking, disabled spaces, women), the lessees must verify their right to these on request. Users of reserved parking spaces without restricted access must place the reservation confirmation in the vehicle so that it is visible from the outside.
4. Inside the parking facility, the maximum speed a car may be driven is walking pace.
5. The parking facility does not allow
– storage of fuels or flammable objects, or empty fuel receptacles;
– unnecessary running of motors;
– parking of 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 parking facility, 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 shoulders available;
– smoking or use of fire;
– riding bicycles, mopeds, roller blades, skateboards or other vehicles or devices, or parking them in the parking facility;
– distribution of advertising material.
6. The lessee must also follow the instructions of the 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 apply accordingly.
7. The lessee is obligated to immediately report to SITA Airport IT GmbH any damage that he has caused to the parking garage or facilities located therein.
8. The lessee is obligated to report any obvious damage to his vehicle to the parking facility staff, who may have to be contacted via a distress call, before leaving the parking facility, and must give staff the opportunity to inspect the vehicle. If, in exceptional cases, this is not possible because there is no employee available when exiting, or if this cannot be reasonably expected of the lessee, the damage must be reported in textual form (e.g. email, Telefax, SMS etc.) to SITA Airport IT GmbH at the address listed under Clause I.2 no later than 7 days after occurrence of the damage. For non-obvious damages, notification must take place also in textual form within 14 days of discovering the damage, but it any case within 80 days after conclusion of the parking process (cut-off periods), as the data on the parking process are deleted for data protection purposes.
9. If the lessee violates his duty to report the damage in accordance with paragraph 1 Clause C.8, he will have no right to claim compensation unless he is not responsible for the violation. This liability disclaimer does not apply if personal injury has been caused to the lessee, or if SITA Airport IT GmbH has caused the damage intentionally or due to gross negligence.
D. Special conditions for parking space reservation and for re-booking and cancellation
I. Reservation obligation – Reservation period, rent
1. Upon conclusion of the reservation contract via the contractual confirmation, SITA Airport IT GmbH is obligated to hold a parking space for the customer in the parking facility defined in the contractual confirmation, for the purposes of the conclusion of a lease contract in accordance with the following clauses 2–3 and Lit. B II and III. There is no claim to a particular parking space in the parking facility defined in the contractual confirmation.
2. SITA Airport IT GmbH will hold a reserved parking space for the customer for four hours from the entry time defined in the contractual confirmation (reservation period). If no entry into the car park takes place during the reservation period stated in the contractual confirmation, the reservation is considered unfulfilled. In this case, the reservation will be deleted, and SITA Airport IT GmbH will have the right to give the parking space to somebody else.
3. When the customer's vehicle enters the parking facility, a lease contract comes into effect between SITA Airport IT GmbH and the customer, the subject of which is a parking space, according to the conditions in Lit. B.
4. For “Payment on exit” products, the parking fee is charged upon exit from the exit terminal, in accordance with the parking rate which applied when the parking facility was entered, and must be paid using the credit or debit card supplied when the reservation was made. If a bar code is being used to enter the parking facility, then any credit or debit card can be used for payment. If the customer has used an entrance card (parking ticket) to enter the parking facility, the parking fee must be paid before the vehicle leaves the parking facility at the automated pay station or by presenting the entrance card at the parking service centre on site.
5. The reservation fee cannot be refunded under any circumstances - especially if 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.
II. Rebooking / Cancellation
1. Rebooking and subsequent changes to reservations are possible in accordance with the following conditions, whereby rebooking cannot be used to change the contractual partner renting out the parking space:
1.1 A one-off rebooking can be carried out at no extra charge. The reservation fee will not be refunded. From the time the contractual confirmation is received, rebookings can take place up to 24 hours before the beginning of the parking period which has been agreed upon.
1.2 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.
1.3 Changing a booking to another rate group is possible as long as the newly selected parking offer has the same payment method ("advance payment" or "payment on exit") as the one originally booked.
1.4 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 rate group or for a longer period of time than that originally booked, the price difference to the originally booked parking offer will be calculated. For “advance payment” products, your credit or debit card will be charged with the corresponding price difference when you complete the change to the booking. For “payment on exit” products, you will pay the parking fees on site (the parking fees are calculated according to how long you actually stay in the parking facility and in accordance with the rate displayed on site for the parking space in question).
If a booking is changed so that it is in a less expensive rate group or for a shorter period of time than that originally booked, the difference in price will not be refunded for “advance payment” products.
2. In the case of "pre-payment" type products, the parking fee can be refunded if the customer omits to use the rented parking space only if a) cancellation of the product concerned had not been expressly ruled out at the time of booking and b) the customer cancelled the parking space booking more than 48 hours before the agreed start of the parking period either in writing or via email to the address mentioned in Section A, para. III. The effective time is the receipt of the cancellation declaration at SITA Airport IT GmbH.
In the case of a cancellation applicable according to the para. above, a processing fee of 10 euros, incl. VAT, will be charged and the difference (parking fee less processing fee) will be refunded to the customer. The customer shall be entitled to prove that SITA Airport IT GmbH has incurred lower costs.
Moreover, if the customer does not use the rented parking space, a refund of the parking fees is only possible in accordance with the valid legal provisions (currently: Para. 537 German Civil Code [BGB]).
3. The right of revocation is not affected by the aforementioned provisions of this para. II and shall remain in force in accordance with the provisions of Section A, para. III.
Last updated: 30/01/2019
- GTC valid until 29.01.2019
The parking space booking system and the use of the services offered by SITA Airport IT GmbH are subject to the following General Terms and Conditions. The version which is valid at the time of the booking in question is decisive.
A. General Conditions of Online Contracts
I. The provision of the online reservation/booking system does not constitute a legally binding offer from SITA Airport IT GmbH, but rather is a non-binding invitation to the customer to submit an offer to us for the conclusion of a reservation or parking space lease contract.
II. By submitting the online contract form, the customer is providing a binding offer for the conclusion of a reservation or parking space lease contract.
III. This offer is accepted through confirmation by SITA Airport IT GmbH, which takes place immediately after submission of the offer and subsequent review of the availability of parking spaces by SITA Airport IT GmbH (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 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 information
Right to cancellation
You may revoke your contractual declaration in writing (i.e. letter, fax, email) within two weeks of submission without having to state your reasons for doing so. If the contractual declaration is submitted within a period of two weeks before the desired parking space rental date, the period for cancellation ends at the latest upon entry into the parking garage on the day of parking space usage. 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). Mailing the cancellation on time is sufficient for compliance with the cancellation deadline. The cancellation must be sent to:
SITA Airport IT GmbH
IT Parking
Parsevalstraße 7a
40468 Düsseldorf
Fax: +49 211 55359
E-mail: info@sita-airport-it.aeroConsequences of cancellation
In the case of an effective cancellation, the services provided by both parties (if applicable) are to be returned, in addition to any profits made from them (i.e. interest). If you cannot return or give us the service received or any profits (i.e. advantages obtained from use), or can only return or give them partially or in a deteriorated condition, you must compensate us for this lost value. Duties to refund payments must be fulfilled within 30 days. This period begins for you when you send your declaration of cancellation, and for us when we receive this notice.
Special notice
Your right to cancellation will 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 and usage apply to online parking space booking and reservation unless the particular conditions for parking space reservation contain differing regulations.
B. General Terms of Use
I. Lease Contract
1. Upon conclusion of the parking space lease contract through the contractual confirmation, SITA Airport IT GmbH is obligated to provide the lessee with a parking space in the parking 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. There is no claim to a particular parking space in the car park defined in the contractual confirmation.
2. This lease contract does not cover surveillance, monitoring, safekeeping or insurance coverage. Even if staff are present in the parking facility or it is being monitored by cameras (video surveillance), this is not associated with any assumption of care or liability, especially not for theft or damage. For video surveillance, the responsible authority as defined by the German Federal Data Protection Act (BDSG) is SITA Airport IT GmbH, Parsevalstraße 7a, 40468 Düsseldorf, tel. +49 (0)211/ 421 55001.
II. Rental price / parking and reservation fee
1. The rent (parking fee) is defined according to the time elapsed between the entry and exit of a vehicle into/from the parking facility (rental period). The fees agreed in the lease contract are valid upon adherence to the parking time booked online. If the rental period is exceeded, the fees stated in Clause III,4 will apply. This also applies if any special offers are booked and the prerequisites of these special offers are not fulfilled on the part of the lessee.
2. For “advance payment” products, the parking fee shown on the booking screen must be paid immediately using one of the payment methods offered (credit card, Giropay, iDeal, etc.). In the event that the customer does not use the rented parking space, a refund of the parking fees is only possible in accordance with the valid legal provisions (currently: § 537 of the German Civil Code (BGB)) and is otherwise excluded.
For “Payment on exit” products, the customer uses an entrance card to enter into the parking facility (see following Lit. D II 2). In this case, the parking fee must be paid before removing the vehicle by presenting the entrance card in the parking service centre on site.
3. For fee-based reservations, the reservation fee shown on the reservation/booking screen must be paid immediately using one of the payment methods offered (credit card, Giropay, iDeal, etc.).
4. The reservation fee cannot be refunded under any circumstances - especially in the event 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.
5. If the customer is not able to pay the parking fees upon exiting the parking facility, SITA Airport IT GmbH has the right to charge the parking fees to the credit card or debit card used for the booking.
III. Parking duration
1. The contract will terminate when the rental period expires, unless the contract is cancelled beforehand with immediate effect or something else is expressly agreed upon.
2. During the rental period, ordinary termination of the lease contract is excluded. The lease contract ends upon expiry of the rental period, unless the lease contract is cancelled without prior notice.
3. After the contract has expired, the lessee is obligated 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, SITA Airport IT GmbH has the right to remove the lessee's vehicle from the parking facility after sending a written request setting an appropriate deadline and threatening removal of the vehicle. The lessee will 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.
4. If the lessee does not remove the vehicle from the parking facility after expiry of the rental period, the lessee owes compensation for use in the amount of the parking fees customary of the location for the time up to removal. The applicable parking fees posted on site in the parking facility in which the vehicle is located in the period up to removal are considered “customary of the location”.
5. The compensation for use must be paid by credit card or debit card before the vehicle is removed. Upon request, the customer will receive a receipt stating the compensation for use withdrawn. If the customer has used an entry card to enter the parking facility (see following Lit. B VI 1 and 2), the compensation for use must be paid by presenting the entry card at the parking service centre on site before removal of the vehicle.
6. Each party has the right to cancel the contract for good reason without prior notice. SITA Airport IT GmbH is in particular considered to have good reason 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.
7. In the event of violation of the provisions of use in accordance with Lit. C or other instances of trespass, SITA Airport IT GmbH has the right to have the vehicle towed away at the expense of the lessee, as long as no more than eight hours have elapsed between the vehicle being parked and the towing company being commissioned. SITA Airport IT GmbH also has the right to remove the vehicle from the parking facility in the event of urgent danger.
IV. Liability of SITA Airport IT GmbH
1. For the duration of the lease contract, SITA Airport IT GmbH is only liable for compensation (including non-contractual liability) if the damage was caused by gross negligence or intentionally or is based on the violation of an essential, contractual primary obligation or cardinal obligation that enables performance of the contract in the first place and on whose fulfilment the lessee relies and may rely. These essential, contractual primary obligations do not include additional services such as a shuttle or luggage service.
2. If SITA violates a cardinal obligation or contractually essential obligation, the compensation obligation is limited to the contractually typical, foreseeable damages.
2.1 The liability of SITA for property losses is thus limited to an amount of five thousand EURO (5,000.- €) per case of damage and an amount of ten thousand EURO (10,000.- €) for all cases of damage under this contract.
2.2 For liability for property damages, the damage is limited to an amount of thirty thousand EURO (30,000.- €) at the most.
2.3 Liability for the violation of other obligations is excluded.
3. Liability of SITA Airport IT GmbH for consequential damages or indirect damages, including but not limited to lost profit and loss of savings, is excluded.
4. Accordingly, SITA Airport IT GmbH is not liable for damage caused solely by natural events, other lessees or other third parties, and in particular due to theft or damage to the vehicle.
5. The liability restrictions above also work in favour of the employees of the parties, all companies involved and connected in the performance of the contract and/or of a service order, as well as their respective employees.
6. The liability restrictions above do not apply insofar as SITA is liable in accordance with the product liability law or other mandatory legal provisions, as well as in the event of personal injury.
V. Liability of the Lessee
The lessee is liable for all damage culpably caused by himself, his staff, his subcontractors or people accompanying him to SITA Airport IT GmbH or to third parties. He is also liable for culpably caused soiling and damage of the parking facility.
VI. Access medium
1. For entry into and exit from the parking facility, the lessee must hold the access medium (bar code) sent to him with the booking confirmation in front of the bar code scanner provided for this in the entrance or exit terminal. If the bar code sent as the access medium triggers the issuance of an entrance ticket, this must be taken and is then valid as the credential for using the reserved parking space. For the determination of the parking fees, this must be inserted into the exit terminal before leaving the parking area.
2. For SITA Airport IT GmbH, whoever is in possession of the access medium (access/entrance ticket) has the right to use the vehicle and the parking space being rented. SITA Airport IT GmbH has the right, but is not obligated, to verify this authorisation. If the access medium is not accepted, the help button on the entry terminal should be pressed. Upon exit, the lessee must insert the access medium into the exit terminal. If payment is being made to checkout staff, the lessee will 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 provided for this purpose in accordance with Clause 2 upon entering or exiting, he will pay SITA Airport IT GmbH 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 will remain unaffected by this. The lessee will owe the parking fee for the rental period irrespective of any reimbursement of expenses he pays.
VII. Applicable law – Jurisdiction agreement – Translations
1. The law of the Federal Republic of German is valid.
2. If the lessee is a businessperson, then the place of jurisdiction for any legal disputes arising for any legal reason will be the business domicile of SITA Airport IT GmbH - Düsseldorf - unless another place of jurisdiction is mandatorily prescribed by law.
3. In case of translation of these General Terms and Conditions, the German version alone remains legally binding.
C. Provisions of use
1. The vehicle may be parked or picked up only during the opening times posted on site or otherwise announced.
2. The lessee has the right to park passenger cars without trailers (vehicles) in the parking facility. Motorcycles may only be parked if a corresponding sign expressly indicates that this is allowed. Campers may nly be parked if they do not exceed a total weight of 2,8 ton. 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).
3. Vehicles may only be parked within the marked parking spaces - with only one vehicle per parking space. Reverse parking is not permitted. If admission staff is present, the lessee must park in the space they assign. If spaces are reserved for lessees with special rights (e.g. reserved parking spaces, long-term parking, disabled spaces, women), the lessees must verify their right to these on request. Users of reserved parking spaces without restricted access must place the reservation confirmation in the vehicle so that it is visible from the outside.
4. Inside the parking facility, the maximum speed a car may be driven is walking pace.
5. The parking facility does not allow
– storage of fuels or flammable objects, or empty fuel receptacles;
– unnecessary running of motors;
– parking of 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 parking facility, 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 shoulders available;
– smoking or use of fire;
– riding bicycles, mopeds, roller blades, skateboards or other vehicles or devices, or parking them in the parking facility;
– distribution of advertising material.
6. The lessee must also follow the instructions of the 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 apply accordingly.
7. The lessee is obligated to immediately report to SITA Airport IT GmbH any damage that he has caused to the parking garage or facilities located therein.
8. The lessee is obligated to report any obvious damage to his vehicle to the parking facility staff, who may have to be contacted via a distress call, before leaving the parking facility, and must give staff the opportunity to inspect the vehicle. If, in exceptional cases, this is not possible because there is no employee available when exiting, or if this cannot be reasonably expected of the lessee, the damage must be reported in textual form (e.g. email, Telefax, SMS etc.) to SITA Airport IT GmbH at the address listed under Clause I.2 no later than 7 days after occurrence of the damage. For non-obvious damages, notification must take place also in textual form within 14 days of discovering the damage, but it any case within 80 days after conclusion of the parking process (cut-off periods), as the data on the parking process are deleted for data protection purposes.
9. If the lessee violates his duty to report the damage in accordance with paragraph 1 Clause C.8, he will have no right to claim compensation unless he is not responsible for the violation. This liability disclaimer does not apply if personal injury has been caused to the lessee, or if SITA Airport IT GmbH has caused the damage intentionally or due to gross negligence.
D. Special conditions for parking space reservation
I. Reservation obligation – Reservation period
1. Upon conclusion of the reservation contract via the contractual confirmation, SITA Airport IT GmbH is obligated to hold a parking space for the customer in the parking facility defined in the contractual confirmation, for the purposes of the conclusion of a lease contract in accordance with the following clauses 2–3 and Lit. B II and III. There is no claim to a particular parking space in the parking facility defined in the contractual confirmation.
2. SITA Airport IT GmbH will hold a reserved parking space for the customer for four hours from the entry time defined in the contractual confirmation (reservation period). If no entry into the car park takes place during the reservation period stated in the contractual confirmation, the reservation is considered unfulfilled. In this case, the reservation will be deleted, and SITA Airport IT GmbH will have the right to give the parking space to somebody else.
3. When the customer's vehicle enters the parking facility, a lease contract comes into effect between SITA Airport IT GmbH and the customer, the subject of which is a parking space, according to the conditions in Lit. B.
II. Rent
For “Payment on exit” products, the parking fee is charged upon exit from the exit terminal, in accordance with the parking rate which applied when the parking facility was entered, and must be paid using the credit or debit card supplied when the reservation was made. If a bar code is being used to enter the parking facility, then any credit or debit card can be used for payment. If the customer has used an entrance card (parking ticket) to enter the parking facility, the parking fee must be paid before the vehicle leaves the parking facility at the automated pay station or by presenting the entrance card at the parking service centre on site.
For “advance payment” products, the parking fee shown on the online booking screen must be paid immediately by credit card or electronic transfer.
III. Rebooking
Rebooking and subsequent changes to reservations are possible in accordance with the following conditions, whereby rebooking cannot be used to change the contractual partner renting 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 the contractual confirmation is received, rebookings can take place 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 rate group is possible as long as the newly selected parking offer 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 rate group or for a longer period of time than that originally booked, the price difference to the originally booked parking offer will be calculated. For “advance payment” products, your credit or debit card will be charged with the corresponding price difference when you complete the change to the booking. For “payment on exit” products, you will pay the parking fees on site at the gate by credit or debit card (the parking fees are calculated according to how long you actually stay in the parking facility and in accordance with the rate displayed on site for the parking space in question).
If a booking is changed so that it is in a less expensive rate group or for a shorter period of time than that originally booked, the difference in price will not be refunded for “advance payment” products.
General Terms and Conditions of Parkvogel GmbH (parking garages P4, P5 and car park P23)
- GTC valid from 01.12.2020
A. Preliminary Remark
The following provisions govern the relationship between you (hereinafter referred to as "Cus-tomer") and Parkvogel GmbH, Im Regus Büro Center, Bismarckstr. 100, D-41061 Mönchen-gladbach, legally represented by the managing director Dr. Christian Jahncke (hereinafter re-ferred to as "Parkvogel" or "we").
Before you use our website and/or the services offered by us, please read the following General Terms and Conditions (hereinafter referred to as "GTC").B. Legal Relationship between the User and Parkvogel GmbH or the Service Provider
I. Reservation Contract
We act as an intermediary of the car park rental offered on the portal www.parkvogel.de (herein-after collectively referred to as "Services") and make the desired reservation for you with the service provider. As the reserving party, you are our contractual partner for the reservation con-tract.
These terms and conditions apply exclusively to the reservation contract concluded between you and us. The version valid at the time of booking is decisive. Our obligations are limited to the reservation service. The proper fulfilment of the mediated (main) service as such is not part of the contractual obligations. If we should agree with the respective service providers on fees that de-viate from your order, we shall bear the resulting additional costs or retain the proceeds.
Insofar as it is possible to specify special requests during the booking process, these are always non-binding. We will forward them to the service provider, but we cannot guarantee that these wishes will be met.II. Main Contract
The respective main contract for parking space rental is concluded between you as the reserving party and the respective car park operator as the lessor ("service provider") (cf. section C II. f. below).
The contractual relationship concerning the main service is regulated by the General Terms and Conditions (also: General Conditions of Parking), which are specified by the Provider of Service and which we bring to your attention in section D below. Please read these terms and conditions carefully, as they contain information relevant to the contract (e.g. terms of payment, withdrawal, liability regulations, etc.).C. General Online Terms of Contract
I. Booking Procedure
An online reservation system for the use of parking space on the site you have selected is availa-ble via the website www.parkvogel.de. It includes details of the parking spaces that can be booked, with details of the individual parking space. In order to reserve a parking space through the system, the first name, surname, address, date and time of the desired entry and exit must be entered.
According to the selection made, the customer will receive an offer for the reservation of existing parking spaces, indicating the parking area and the price (incl. VAT plus reservation fee).
The next step is to enter personal data (name, address, e-mail address, contact details).
Payment of the reservation is possible by credit card, Paypal or iDEAL. Depending on the cho-sen method of payment, it is necessary to provide payment information.
The barcode sent electronically by Parkvogel GmbH as part of the reservation confirmation serves as proof of entry entitlement. The customer must hold the barcode, neatly printed on paper or on a mobile device with a clean and undamaged screen, in front of the scanner of the entry barrier when entering the reserved parking facility.
Before completing the booking, the customer will receive an overview of his selection and the personal and payment details he has entered. In order to complete the booking, it is necessary for the customer to take note of these General Terms and Parking Conditions, the data protection regulations and the reference to the EU Online Dispute Resolution Platform and to agree to their validity by ticking the box.
The booking is completed when the online form is sent by clicking on the button “book subject to payment”.
The customer has the possibility to correct his entries at any time until the online contract form is sent by navigating back and forth between the individual steps.Further information on online parking space booking can be found here and in the “FAQ”
section (frequently asked questions) at www.parkvogel.de/faq.If you have any questions or technical problems in connection with online booking, please contact us by phone on +49 (0) 211 421-55550 or email P4(at)parkvogel.de or P5(at)parkvogel.de or P23(at)parkvogel.de.
II. Conclusion of Contract
a. The provision of the online reservation/booking system does not constitute a legally binding offer by Parkvogel GmbH, but merely a non-binding request to the Customer to submit an offer to conclude a reservation contract for a parking space.b. By sending the online contract form, the Customer submits a binding offer to conclude a pay-able reservation contract for a parking space.
c. Acceptance of this offer is effected by means of a confirmation by Parkvogel GmbH, which is issued immediately after receipt of the offer and after Parkvogel GmbH has checked the availa-bility of parking spaces (contract confirmation).
d. By entering into the Reservation Contract through the contract confirmation, Parkvogel guar-antees that a parking space will be kept free for the Customer by the Provider of Service (Lessor) in the parking facility designated in the contract confirmation for the purpose of entering into a Rental Contract in accordance with letters e-f below.
e. The Lessor shall keep a reserved parking space free for the Client for a period of 4 hours calcu-lated from the entry time stated in the contract confirmation (reservation time). If there is no en-try to the parking facility within the reservation time, the reservation shall be deemed not to have been taken up. In this case, the reservation will be cancelled and the Lessor is entitled to allocate the parking space elsewhere.
f. The actual parking space rental contract (main contract), for the parking space reserved within the framework of the reservation contract concluded online, is concluded between the Customer and the Provider of Services specified in the reservation by entry into the parking facility by mo-tor vehicle during the reservation period. The parking space rental contract is concluded at the costs stated in the contract confirmation and under the conditions according to the following section D of these General Terms and Conditions.
III. Special Conditions for Rebooking / Cancellation
1. Rebooking and subsequent changes to the reservation are possible in principle under the fol-lowing conditions, whereby a change of the hiring contract partner can no longer be made with the rebooking:
1.1 A one-time rebooking can be made free of charge. The reservation fee will not be refunded. Rebooking changes are possible from the time of receipt of the contract confirmation up to 24 hours before the agreed parking time.
1.2 In the case of rebooking, the newly selected parking time may be up to 12 months after the originally agreed parking time.
1.3 Rebooking to another tariff zone is possible, provided that the newly selected parking offer has the same payment method (payment on exit) as the originally booked one.
1.4 Rebooking changes with an extension or reduction of the originally booked parking period are also possible.
In case of rebooking into a more expensive tariff zone or rebooking with an extension of the orig-inally booked parking period, the price difference to the originally booked parking offer will be charged additionally. The products that can be reserved through Parkvogel are those with the payment method "payment on exit": here you pay the parking fees directly on site (the parking fees are calculated according to your actual stay and are calculated on site according to the tariff notice of the respective car park).2. in all other respects, a refund of the parking fees in the event that the customer does not use the rented parking space is only possible in accordance with the applicable statutory provisions (currently: § 537 BGB, i.e. German Civil Code).
3 The right of cancellation is not affected by the above provisions of this Section III and remains in force in accordance with the provisions of Section V.
IV. Warranty, Liability
Parkvogel does not guarantee uninterrupted availability of the provided website and/or the inter-net booking engine at any time. Furthermore, Parkvogel is not liable for technical malfunctions which are the responsibility of other companies (e.g. faults with access providers).
Parkvogel is liable for damages caused by it, its employees, its legal representatives, its vicarious agents and subcontractors, which it has caused intentionally or through gross negligence, which are based on injury to life, body or health or for which the Product Liability Law provides for mandatory liability or insofar as Parkvogel has given a guarantee.
Otherwise Parkvogel is liable in the case of slight negligence only in the event of a breach of an essential contractual obligation and only for direct and foreseeable damages. Further claims for compensation are excluded.
Liability for loss of profit is excluded.
Insofar as Parkvogel operates protection programmes against harmful programmes such as virus-es, Trojans and computer worms on the IT systems used by it in accordance with the contractual agreements/annexes, Parkvogel is not liable for such damage caused by harmful programmes that occurs despite correct application of these protection programmes. The same applies to Parkvo-gel's responsibility for attacks via networks.V. Cancellation Policy
The reservation contract can be revoked by the Customer within the framework of the statutory right of revocation in accordance with the following information if the Customer was acting as a consumer within the meaning of § 13 BGB when the rental contract was concluded. Consumers within the meaning of § 13 BGB are natural persons who conclude the rental agreement for a purpose that cannot be attributed to their commercial or self-employed professional activity.Right of Withdrawal
You may revoke your contractual declaration (i.e. your online parking space reservation) within two weeks of the conclusion of the contract (i.e. after receipt of the contract confirmation) with-out giving reasons. If you submit your declaration of contract within a period of less than two weeks before the desired date for the parking space rental, the period for revocation ends at the latest on the day of use of the parking space when you enter the car park. The period begins up-on receipt of this instruction in text form, but not before the conclusion of the contract and not before we have fulfilled our duty to inform in accordance with §§ 312c, 312d paragraph 1, 312g paragraph 1, 355 BGB in connection with article 246a EGBGB (i.e. Introduction Law to the German Civil Code). The timely dispatch of the revocation suffices to comply with the revoca-tion period.
In order to exercise your right of cancellation, you must inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to cancel this reservation contract. You can use the following sample cancellation form for this purpose, but this is not mandatory:Sample Revocation Form
(If you want to cancel the contract, please fill in this form and send it back).
To
Parkvogel GmbH
Im Regus Büro Center
Bismarckstraße 100
41061 Mönchengladbach
e-mail: P4(at)parkvogel.de or P5(at)parkvogel.de or P23(at)parkvogel.deI/we (*) hereby revoke the contract concluded by me/us (*) for the reservation of a parking space:
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Reserved on ..………(insert date)/for the period………………(insert booking period) for the vehicle with registration number (insert licence plate number …………)
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only in the case of communication on paper)
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Date(*) Delete as appropriate.
The revocation must be addressed to:
Parkvogel GmbH
In the Regus Büro Center
Bismarckstraße 100
41061 Mönchengladbache-mail: P4(at)parkvogel.de or P5(at)parkvogel.de or P23(at)Parkvogel.de
Consequences of Withdrawal
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) returned. If you are unable to refund or return the re-ceived services and benefits (e.g. advantages of use) in whole or in part, or only in a deteriorated condition, you must compensate us for the loss in value. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revo-cation, for us with its receipt.
Special Advice
Your right of withdrawal expires prematurely if the contract is completely fulfilled by both par-ties at your express request prior to you exercising your right of withdrawal.
End of Cancellation Policy
VI. European Online Dispute Resolution Platform
The European Commission has launched a European Online Dispute Resolution Platform (OS Platform) at ec.europa.eu/consumers/odr/. The OS platform can be used by a consumer for the out-of-court settlement of a dispute arising from online contracts with a company established in the EU.
Parkvogel GmbH does not have to participate in dispute resolution procedures before a consumer arbitration board. We prefer to clarify your concerns in direct communication with you and there-fore do not participate in such dispute resolution procedures. Please contact us directly if you have any questions or problems.VII. Applicable Law, Agreement on Jurisdiction, Translations
1. If the customer is a consumer, the mandatory provisions of the law of the country in which the customer usually resides shall apply.
2. Outside the area of consumer protection standards, German law shall apply to the exclusion of the conflict rules of private international law.
3. If the renter is a merchant, the place of jurisdiction for all legal disputes, regardless of the legal grounds, shall be the registered office of Parkvogel GmbH, i.e. Mönchengladbach, unless another place of jurisdiction is mandatory by law.
4. In the event of a translation of these General Terms and Conditions, only the German version shall remain legally binding.D. General Conditions of Parking and Use of Parking Spaces at Düsseldorf Airport
The following General Terms and Conditions of Parking and Use apply to the use of online re-served parking space provided by Flughafen Düsseldorf GmbH, unless otherwise stipulated in the Special Terms and Conditions for Parking Space Reservation.
I. Rental agreement
1. Upon conclusion of the parking space rental agreement by entering the reserved parking facili-ties during the reservation period, Flughafen Düsseldorf GmbH as Lessor is obliged to provide the Customer as Lessee with a parking space for use in the parking facility specified in the con-tract confirmation sent by Parkvogel GmbH for the parking period (rental period) specified in the contract confirmation against payment of the rent (parking fees) specified in the contract confir-mation. During the rental period, the Hirer is entitled to enter and exit the parking facility once (no permanent rental contract). There is no entitlement to a specific parking space in the parking facility specified in the contract confirmation.
2. Guarding, surveillance, safekeeping and granting of insurance cover are not subject matter of the rental agreement. Even if personnel are present in the parking facility or the parking space is observed with optical-electronic equipment (video surveillance), this does not imply any assump-tion of custody or liability, in particular not for theft or damage by other Tenants or other third parties. In the case of video surveillance, the person responsible within the meaning of Art. 4 No. 7 GDPR is the Lessor (for name and address see preamble).
3 Before leaving the parking facility, the Hirer is obliged to report obvious damage to his vehicle to the personnel responsible for the parking facility and, if necessary, to be contacted via the emergency call, in order to give them the opportunity to inspect the vehicle. If this is not possible or not reasonable for the Hirer by way of exception, the notification must be made in writing to the Rental Firm at the address stated in section C II. f. no later than 14 days after the event of damage. In the case of non-obvious damage, the notification must be made in writing within 14 days after the damage is discovered (preclusive periods).
4. If the Hirer violates his duty of disclosure according to the above paragraph, all claims for damages of the Hirer against the Owner are excluded, unless the Hirer is not responsible for the violation. This exclusion of liability shall not apply if the Hirer has suffered personal injury or if the Owner has caused the damage through gross negligence or intent.II. Rent/Parking Fee
1. The rental ("parking fee") is determined by the length of time between a vehicle entering and exiting the parking facility ("rental period") or the rental period stated in the contract confirma-tion, provided that the Customer complies with the latter. The parking fee shall be paid in ac-cordance with the price list valid at the time of vehicle entry, which is displayed on site, or in accordance with the contract confirmation.
2. The parking fee is to be paid before exiting the car park at the pay machine with the parking ticket received at the entrance. If a barcode is used at the entrance, any credit card or German EC card can be used. If the Customer has used an entry card (parking ticket) for entry (cf. Sec-tion VI., Paragraphs 1 and 2 below), the parking fee is to be paid before exit at the pay machine or by presenting the entry card at the local parking service head office.III. Duration of Parking, Maximum Parking Period, Termination, Compensation for Use
1. The contract ends with the expiry of the rental period, unless the contract is terminated with-out notice or something else is expressly agreed. For the rental period, ordinary termination of the rental agreement is excluded.
2. The maximum parking period is 6 weeks. The Hirer is obliged to remove the parked vehicle from the parking facility immediately after the end of the contract or after the expiry of the max-imum parking period and to pay unpaid parking fees. If the Hirer does not comply with his obli-gation to vacate the premises, the Lessor shall be entitled to remove the Hirer's vehicle from the parking facility after prior written request, setting a reasonable deadline and warning to vacate the parking space. The Hirer shall bear the costs of the vacation, storage, recycling and disposal, unless the Hirer is not responsible for the failure to clear the parking space.
3. If the Hirer does not remove his vehicle from the parking facility after the expiry of the rental period or after the expiry of the maximum parking period, the Hirer shall owe compensation for use for the period until the removal of the vehicle and in the amount of the parking fees as shown in the price list valid at the time of entry of the vehicle, which is displayed on site in the parking facility.
4. The compensation for use must be paid at the pay machine on site before leaving the premises.
5. Each party is entitled to terminate the contract without notice for good cause. Good cause for the Lessor shall be deemed to exist in particular if the Hirer, despite a warning, repeatedly or con-tinuously violates the General Terms of Use in accordance with Section VIII., unless the Hirer is not responsible for the violation.
6. In case of violation of the General Terms of Use according to section VIII. or other disturb-ances of possession, the Lessor is entitled to have the vehicle towed away at the expense of the Hirer, provided that no more than 8 hours have passed between the parking of the vehicle and the assignment of the towing company. Furthermore, the Lessor shall be authorised to remove the vehicle from the parking facility in case of urgent danger.IV. Liability of the Lessor
1. During the duration of the rental contract, the Lessor is liable for damages which are demon-strably caused by culpable breaches of duty by her, her employees or agents. Accordingly, the Rental Firm is not liable for damage caused solely by natural phenomena, for which other Hirers or other third parties are responsible, and in particular as a result of theft or damage to the vehi-cle.
2. The Lessor shall only be liable for breaches of duty in the event of intent or gross negligence, unless otherwise provided for below. In the case of simple negligence, the Lessor shall only be liable if there is an injury to life, body or health based on a culpable breach of duty (personal inju-ry) or a breach of essential contractual obligations, the fulfilment of which makes the proper exe-cution of the contract possible in the first place and on the fulfilment of which the Hirer relies and may rely.
3. As far as the liability of the Lessor is excluded or limited, this also applies to the personal lia-bility of the employees, representatives and vicarious agents of the Lessor in connection with the rental agreement.V. Liability of the Lessee
The Hirer shall be liable for all damage culpably caused to the Owner or third parties by himself, his employees, his agents or his accompanying persons. Furthermore, he shall be liable for culpa-bly caused contamination and damage to the parking facility. Any further legal liability of the Hirer remains unaffected by this.VI. Access Medium
1. The lessee shall use the barcode provided to enter the parking facility. A parking ticket will then be generated for payment of the parking fee, which must be paid at the pay machine before leaving the car park.
2. If the use of the barcode provided is not possible for technical reasons, the customer shall draw an entry card (parking ticket) on site, which he shall insert into the entry terminal upon en-try and which must be paid for at the automatic pay station before exiting. For the Rental Firm, the respective owner of the access medium (access/entrance ticket) has the right to use the vehicle and the rented parking space. The Lessor is entitled, but not obliged, to verify this claim. If the access medium is not accepted, the “call assistance” key of the entry terminal must be pressed. When leaving the car park, the Hirer shall insert the access medium into the exit terminal. Pay-ments shall only be made to the cashier personnel authorised for this purpose if payment by ac-cess card is not possible for technical reasons. Upon payment to the cashier personnel, the Hirer shall receive a receipt on which the name of the cashier, the payment amount and the date shall be noted.
3. If the Hirer does not use the access medium provided for this purpose in accordance with sec-tion 2 when leaving the vehicle, the Hirer shall pay the Owner a flat-rate reimbursement of ex-penses in the amount of a daily parking fee, unless the Hirer is not responsible for this or proves that expenses were not incurred or were significantly lower than the flat-rate; this shall not affect any further claims for damages. Irrespective of damages and reimbursement of expenses, the Hir-er shall owe the parking fee owed for the rental period.VII. Applicable Law, Agreement on Jurisdiction, Translations
1. If the renter is a consumer, the mandatory provisions of the law of the country in which the renter is usually staying apply.
2. Outside the area of consumer protection standards, German law shall apply to the exclusion of the conflict rules of private international law.
3. If the Hirer is a merchant, the place of jurisdiction for all legal disputes, regardless of their legal basis, shall be the registered office of the Owner, i.e. Düsseldorf, unless another place of jurisdiction is mandatory by law.
4. In the event of a translation of these General Terms and Conditions, only the German version shall remain legally binding.VIII. General Terms of Use
1. The vehicle can only be parked and collected during the opening hours posted on site or oth-erwise announced.
2. The renter is entitled to park cars without trailers in the parking facility (vehicles). Motorbikes may only be parked if this is expressly permitted by an appropriate sign. The prerequisite for the parking authorisation is always that the parked vehicle has liability insurance, a registration plate (§ 23 StVZO, i.e. German Road Traffic Licensing Regulations) and a valid official inspection sticker (e.g. TÜV, i.e. technical inspection agency).
3. Vehicles may only be parked within the marked parking spaces, and only one vehicle per park-ing space. Parking in reverse is not permitted. If instruction personnel work on site, the Hirer shall park in the space allocated to him/her. If parking spaces are reserved for tenants with special au-thorisation (e.g. long-term parking, disabled persons), the Hirer shall provide proof of this on re-quest.
4. Within the parking facility, the vehicle may be moved at a maximum walking speed.
5. The following is not permitted in the parking facility
- the parking of trailers;
- the unauthorised parking of vehicles outside the parking space markings, such as in the roadway area, on two parking spaces, in front of emergency exits, on disabled parking spaces, on parking spaces marked as reserved or on crosshatched areas;
- the storage of (manufacturing) supplies and inflammable objects as well as empty supplies con-tainers;
- the unnecessary running of engines;
- disturbing the neighbourhood by exhaust gases and noise, in particular by running or trying out the engine for a long time and by honking;
- parking of vehicles with leaking tank, engine, damaged oil, cooling water, air conditioning sys-tem and carburettor tanks or with damage that endangers the operation of the parking facility or in an otherwise unsafe condition;
- refuelling the vehicle;
- the stay in the parking facility, unless it is exclusively related to the parking of a vehicle, in par-ticular camping;
- the repair or maintenance of vehicles;
- the contamination of the parking facility, in particular by cleaning the vehicle, draining cooling water, fuel or oil;
- the use of roads, including entrances and exits, except where there are no pavements or hard shoulders;
- smoking and the use of fire;
- riding bicycles, mopeds, inline skates, skateboards and other vehicles or equipment and parking them in the parking facility;
- the distribution of advertising material.
6. The Hirer shall also follow the instructions of the personnel and observe the traffic signs and information signs on site. Otherwise, the Airport User Regulations of Flughafen Düsseldorf GmbH and the provisions of the German Road Traffic Regulations shall apply accordingly.Download: GTC of Parkvogel GmbH (parking garages P4, P5 and car park P23) valid from 01.12.2020 (PDF, 248 KB)