GENERAL TERMS AND CONDITIONS
OF PARKING SERVICES AND THE SHUTTLE SERVICE OF PARKEN & IMMOBILIEN BETRIEBS GMBH HAMBURG (‘PIB’)
1. OBJECT OF THE AGREEMENT, APPLICABLE LEGAL PROVISIONS, RIGHT TO CANCEL
1.1. PIB renders its own contractual parking services and a shuttle service (the ‘Parking Services’) for the car park ‘Holiday ParkPlus’ at Weg am Jäger 206/208 in Hamburg.
1.2. For contracts concerning Parking Services, these General Terms and Conditions of Parking Services apply to the entire contractual and legal relationship between the client and PIB, if this has been agreed; alternatively, the relevant provisions of the German Civil Code (BGB) apply, as does German law on an exclusive basis.
1.3. These terms and conditions for Parking Services and the German statutory regulations do not apply if applicable international treaties or EU regulations contain mandatory deviating provisions which apply to the contractual relationship or if, under such regulations, the client, who is a citizen of a member state of the EU, is able to call on more favourable provisions from his/her country of residence.
1.4. The parties to the Agreement are PIB and the person who has booked the Parking Services directly with PIB or through a broker, unless the person who made the booking did so expressly as a representative of another person and is able to present evidence that he/she is authorised to represent that person in legal transactions.
1.5. Under contracts concerning Parking Services concluded as part of a long-distance transaction, the client shall have a right to cancel under the statutory provisions as long as the client is a consumer. The right to cancel does not apply to premium shuttle services as the provisions concerning the right to cancel set out in Section 312 (2) line 1 no 5 BGB do not apply to the carriage of passengers. This means that the client has no right to cancel in this context.
2. SCOPE AND CONTENT OF THE PARKING SERVICES TO BE RENDERED BY PIB, SIZE OF THE VEHICLE
2.1. The contractually owed service of PIB comprises the allocation of the parking space for the agreed contractual term in line with the provisions of this Agreement.
2.2. PIB is only contractually obliged to provide a specific parking space or a specific parking space attribute or location if this was expressly agreed.
2.3. The contractual services of PIB do not include monitoring or providing insurance cover for the parked vehicle and/or objects stored in the vehicle. Even if there are service staff in the car park at certain times or if areas of the car park are monitored by CCTV, this does not oblige PIB to assume any duty of care or liability, especially not for theft or damage.
2.4. Unless expressly agreed otherwise with PIB in writing, the contractually owed parking space is not suitable for vehicles which exceed a height of 1.95 metres, a width of 2.20 metres and a length of 5.50 metres.
3. CONTRACTUAL DUTIES AND OBLIGATIONS OF THE CLIENT (DUTY TO REPORT DAMAGE AND CUT-OFF PERIOD)
3.1. The client must ensure that the driver of the vehicle to be parked is in the possession of the necessary driving licence and that the vehicle is covered by the mandatory insurance under the law until it leaves the car park premises. On request, 1 can refuse to carry out the Agreement if the client or the driver of the vehicle to be parked is unable to present the required evidence. In such as case, the client cannot demand the reimbursement of the fee or damages unless the client is able to provide evidence – which the client is expressly entitled to do – that PIB was unjustified in its refusal to render the service. In such as case, the client cannot demand the reimbursement of the fee or damages unless the client is able to provide evidence – which the client is expressly entitled to do – that PIB was unjustified in its refusal to render the service.
3.2. The provisions of the German Highway Code (StVO) apply to the premises of the car park. The client must obey the rules set out through the traffic routing. Every client and his/her representatives must behave in such a way that precludes damage or danger to third parties. The instructions of PIB, its staff and its vicarious agents must be followed.
3.3. The client must park his/her vehicle in such a way that permits unhindered access to and from neighbouring parking spaces at all times. Trailers may not be parked. If the client has been assigned a specific parking space, the client is obliged to properly park his/her vehicle exclusively in that space (within the lines). If the client breaches these provisions, PIB is entitled to take reasonable steps to move the improperly parked vehicle to the assigned parking space or, if necessary, have it towed at the expense of the client.
3.4. The car park and its equipment are to be treated properly and with care. In the event that damage for which the client is responsible is caused to the car park or its equipment, the costs incurred shall be charged to the client once the damage is repaired. PIB is entitled to demand a reasonable advance payment to cover its expenses.
3.5. The client is expressly prohibited from carrying out anything more than negligible repairs in the car park, washing or cleaning his/her vehicle, draining coolant, fuel or oil or leaving litter found in the vehicle on the car park premises. At his/her own expense, the client must immediately and properly clean up any contamination for which he/she is responsible. In the event of an infringement for which the client is responsible or for which the client is responsible – but not culpable – in the capacity of an interferer, PIB is entitled to have this contamination cleaned up by professionals at the expense of the client.
3.6. The client is only permitted onto the car park premises in order to park and collect his/her vehicle, during loading and unloading as well as during any waiting time for the shuttle service to the airport.
3.7. The client is obliged to immediately report any defects in the Parking Services to the car park service staff and seek assistance. Should the client culpably fail to report a defect to PIB, the client shall not be entitled to demand a reduction in the contractually agreed fee or damages.
3.8. The client is obliged to report any visible damage to his/her vehicle to the members of staff who are responsible for the car park – and who can also be contacted using the emergency phone if necessary – before leaving the car park and allow the staff to examine the vehicle. Should this not be possible for the client in exceptional cases, he/she must report the damage to PIB in writing at the address below within 14 days of the incident. If the damage is not obvious, the client must report it within 14 days of discovering it. If the client breaches his/her duty to report damage, he/she shall have no claims for damages unless the client is not responsible for the failure to report. These duties to report damage and the cut-off period do not apply if the client or his/her negligence or intent. Otherwise, the duty to report damage and the cut-off period apply to both contractual and legal claims.
4. LIABILITY OF PIB
4.1. PIB cannot be held liable for vehicle damage sustained by parked vehicles unless the damage was caused as a result of intent or gross negligence on the part of PIB.
4.2. PIB also cannot be held liable for accidents caused by the client or drivers which result in personal injury or property damage on the car park premises.
4.3. PIB cannot be held liable for damage sustained by items of luggage belonging to the client on the car park premises or during the course of the shuttle services.
4.4. PIB is not responsible for valuables which the client leaves in his/her own vehicle or in the shuttle bus.
4.5. PIB is not responsible for damage caused whilst its service staff carry out favours.
4.6. The liability of PIB encompasses a legal responsibility for damage to and the destruction, theft, loss or unauthorised use of parked vehicles or their accessories (with the exception of contents, valuables and loads). For damage to property, the compensation is limited to EUR 20,000.
4.7. PIB cannot be held liable for damage caused by third-party pollution or for force majeure, damage caused by domestic or foreign unrest, acts of war or natural forces.
4.8. These limitations of liability apply to all claims for damages, regardless of their legal grounds, including tort claims. They also apply in the event that a client files claims for damages against the members of staff or vicarious agents of PIB. They do not apply if PIB is liable for a defect after providing a guarantee or if the defects were wilfully concealed.
4.9. PIB is unrestrictedly liable under these limitations of liability for damage resulting from injuries to life, limb or health in line with the statutory provisions. For other damage, PIB is liable if it acted with intent or gross negligence, regardless of these limitations of liability. PIB can only be held liable for ordinary negligence if its liability is based on the breach of a material contractual duty. In these cases, however, its liability is limited to the typical foreseeable damage for this type of contract.
5. DUTIES AND OBLIGATIONS WITH REGARD TO THE SHUTTLE SERVICE TO AND FROM HAMBURG AIRPORT
5.1. With regard to the local situation, all relevant circumstances and all circumstances that PIB can foresee, PIB shall endeavour to transport the client to Hamburg Airport in time for a predefined departure flight. However, the punctuality of arrivals at the airport is not the object of this Agreement.
5.2. To transport animals, the client must bring and use a suitable transport box. A limited amount of bulky luggage such as surfboards and bicycles can be transported, although this might cause travel delays. The same applies if there is a disproportionately high number of items of luggage per passenger.
5.3. alcohol or other intoxicating substances or who behave in such a way that they represent a considerable inconvenience or danger to themselves, others, the driver or the vehicle. If banned for such reasons, the client is not entitled to compensation or the reimbursement of expenses.
6. LIABILITY OF THE CLIENT
6.1. The client can be held liable for damage culpably caused to the legal rights of PIB or third parties on the car park premises caused by the client or the employees, representatives or companions of the client, as well as for damage caused by people or items brought onto the premises of PIB by the client or the employees, representatives or companions of the client.
6.2. Regardless of culpability, the client can be held liable for all damage caused as a result of technical defects in the vehicle that was brought onto the premises of PIB by the client or the employees, representatives or companions of the client or by third parties on behalf of the client. The client shall assign his/her own claims against third parties or insurers in connection with a claim to PIB in advance. PIB accepts the assignment.
7. CHANGING PARKING SPACES, EXCEEDING THE MAXIMUM TERM, LOST PARKING TICKETS
7.1. PIB can refuse to allow the client to park his/her vehicle on the car park premises if there are indications that accessing the car park or parking on the premises might jeopardise the occupational safety of PIB.
7.2. If the agreed/booked parking term should be exceeded for reasons for which neither the client nor PIB is responsible (force majeure) and if this should make it necessary to withhold the contractually agreed service from another client, PIB shall be entitled to move or tow the vehicle. The client must cover the costs of such measures. Furthermore, PIB shall be entitled to a fee in line with the rental price list until the vehicle is removed.
7.3. The provisions of 7.2 apply analogously if the client is responsible for exceeding the parking duration, with the proviso that, the right of PIB to move the vehicle and the duty of the client to reimburse the costs of such measures notwithstanding, the client must pay the fee that would have been due for a longer booking.
7.4. If the client loses his/her parking ticket or exit ticket, he/she must pay a one-off charge of EUR 18 and the maximum parking rate per day in line with the price list issued to him/her unless the client or PIB is able to provide evidence that the parking term was shorter or longer.
7.5. The maximum parking duration is eight weeks, unless a special agreement has been concluded in writing. if the maximum parking term is exceeded. Section 7.2 applies analogously
8. LIEN IN CONNECTION WITH THE PARKED VEHICLE
8.1. Provided that PIB has duly offered or rendered its contractual services and the client has no contractual or legal right of retention or set-off, PIB can refuse to surrender the parked vehicle until its invoice is paid in full.
8.2. PIB has a right of retention and a lien in connection with the parked vehicle of the client.
9. DATA PROTECTION
9.1. Storage of access data in server log files
The client can visit the Holiday ParkPlus website without providing personal information PIB merely stores access data in server log files such as the name of the requested file, the date and time of the request, the volume of data transferred and the querying provider. These data are used exclusively to ensure the smooth operation of the website and analysed to improve our services, and do not allow us to draw any conclusions as to your identity.
9.2. Collection and use of data
To execute the Agreement and when opening a customer account PIB collects personal data if the client freely provides them when placing an order, contacting PIB (e.g. using the contact form or by email) or opening a customer account. The various input fields show what data will be collected. PIB uses the data provided by the client in order to execute the Agreement and process enquiries. Following the full execution of the Agreement or the deletion of the client’s account, the data shall be blocked against future use and deleted upon the expiry of the retention periods set out by tax and commercial law unless the client has expressly consented to the continued use of his/her data or PIB has reserved the right to use the data for other legally permissible purposes, as described below. The client can delete his/her account at any time by sending a message to any of the points of contact or by using the account deletion tool in the account settings.
9.3. Disclosure of data
To perform the Agreement In order to perform the Agreement, PIB shall disclose the data of the client to the company engaged to deliver the service if necessary in order to deliver purchased goods. In order to process payments, PIB shall disclose the necessary payment data to the financial institution engaged to process the payment as well as any payment service providers engaged by PIB or the payment service provider selected by the client during the order process.
9.4. Use of data
W hen registering for the electronic newsletter If the client subscribes to the newsletter, PIB shall use the necessary data or the data provided separately by the client in order to send the client the electronic newsletter on a regular basis. The client can unsubscribe from the newsletter at any time by sending a message to any of the points of contact or by following the corresponding link in the newsletter.
9.5. Use of data for postal advertising and right to object
Furthermore, we reserve the right to store the name and surname, postal address and – if PIB has received the additional information from the client as part of the contractual relationship – title, degree, year of birth and the professional, sector or business title of the client in summarised lists and use them information on PIB products by post. The client can object to the storage and use of data for such purposes by sending a message to any of the points of contact at any time.
9.7. Use of Google Analytics for Web analysis
The PIB website uses Google Analytics, a Web analytics service provided by Google Inc. (www.google.com). Google Analytics uses ‘cookies’; text files that are stored on your computer and that enable analysis of how you use the website. The information generated by the cookie about your use of this website is normally sent to a Google server in the USA and stored there. If IP anonymisation is active on this website, Google will shorten your IP address in advance and within the member states of the EU or other signatories to the Treaty on the European Economic Area. Only in exceptional cases will your full IP address be sent to a Google server in the USA and shortened there. IP anonymisation is active on the PIB website. Google will use this information on behalf of the operator of this website for the purposes of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. The client’s IP address sent by his/her browser as part of Google Analytics will not be associated with any other data held by Google. ou can prevent the installation of cookies by changing the settings in your browser. If you deactivate cookies, this may result in the functionality of the PIB website being limited. Additionally, you can prevent Google from collecting or processing the data generated by the cookie concerning your use of our website (including their IP addresses) by downloading and installing the browser plugin using the following link: http://tools.google.com/dlpage/gaoptout?hl=de
9.8. Use of Facebook plugins
The PIB website uses social plugins from the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (‘Facebook’). The plugins are identifiable by a Facebook logo or . An overview of the Facebook plugins and their appearance is available at the following link: http://developers.facebook.com/plugins If you visit a page on the PIB website which contains such a plugin, your browser will establish a direct connection with the servers of Facebook. The content of the plugin will be sent directly from Facebook to your browser and integrated into the page. Through this integration, Facebook is informed that your browser opened the page in question on the PIB website, even if you do not have a Facebook profile or are not currently logged into Facebook. This information (including your IP address) will be sent straight from your browser to a Facebook server in the USA and stored there. If you are logged into Facebook, Facebook can directly associate the visit to the PIB website with your Facebook profile. If you interact with the plugins, for example by clicking the ‘Like’ button or posting a comment, this information will also be sent directly to a Facebook server and stored there. The information will also be published on your Facebook profile and it will be visible to your Facebook friends, depending on your privacy settings on Facebook. You can read about the purpose and scope of the collection of data by Facebook, as well as the processing and use thereof, and find information on your rights and how to change your settings in order to protect your privacy in Facebook’s Data Policy: http://www.facebook.com/policy.php If you do not want Facebook to directly associate the data collected about your visit to the PIB website with your Facebook profile, you must log out of Facebook before visiting the PIB website. You can also completely prevent the Facebook plugin from being loaded by installing add-ons in your browser, for example the ‘Facebook Blocker’ (http://webgraph.com/resources/facebookblocker/) or the script blocker ‘NoScript’ (http://noscript.net/).
9.9. Use of Google+ plugins (e.g. the ‘+1’ button)
The PIB website uses social plugins from the social network Google+, which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (‘Google’). The plugins are identifiable, for example, by buttons featuring ‘+1’ on a white or colourful background. An overview of the Google plugins and their appearance is available at the following link: https://developers.google.com/+/plugins If you visit a page on the PIB website which contains such a plugin, your browser will establish a direct connection with the servers of Google. The content of the plugin will be sent directly from Google to your browser and integrated into the page. Through this integration, Google is informed that your browser opened the page in question on the PIB website, even if you do not have a Google+ profile or are not currently logged into Google+. This information (including your IP address) will be sent straight from your browser to a Google server in the USA and stored there. If you are logged into Google+, Google can directly associate the visit to the PIB website with your Google+ profile. If you interact with the plugins, for example by clicking the ‘+1’ button, this information will also be sent directly to a Google server and stored there. The information will also be published on Google+ and will be visible to your contacts. You can read about the purpose and scope of the collection of data by Google, as well as the processing and use thereof, and find information on your rights and how to change your settings in order to protect your privacy in the Buttons Policy of Google: https://developers.google.com/+/web/buttons-policy If you do not want Google to directly associate the data collected about your visit to the PIB website with your Google+ profile, you must log out of Google+ before visiting the PIB website. You can also completely prevent the Google plugin from being loaded by installing add-ons in your browser, for example the script blocker ‘NoScript’ (http://noscript.net/).
9.10. Rating reminders by email
Once, during or after the order, the client has granted his/her express consent by ticking a check box or clicking a button, PIB shall use the email address of the client to remind the client to rate an order he/she has placed using the PIB rating system. This consent can be revoked at any time by sending a message on any of the communication channels.
9.11. Right to information and contacting PIB
The client is entitled to free information about the data PIB has stored about him/her and to correct, block or delete these data if necessary. If the client has any questions concerning the collection, processing or use of personal data, or if the client wishes to request information on or correct, block or delete data, revoke his/her consent or object to a specific type of data use, the client can contact PIB directly using the contact information provided in the legal notice.
10. PLACE OF JURISDICTION
10.1. The client can only file lawsuits against PIB at the competent courts for its registered office.
10.2. The domicile of the client is definitive with regard to claims filed by PIB against the client.
10.3. The registered office of PIB is agreed as the place of jurisdiction for lawsuits against clients who are businesspeople, corporate bodies under public or private law or people who are domiciled or habitually resident abroad, or whose domicile or place of habitual residence was unknown when the lawsuit was filed.
10.4. These provisions do not apply a) if and in so far as mandatory provisions of international treaties which apply to the contract between the client and PIB provide for otherwise in favour of the client, or b) if and in so far as mandatory provisions which apply to the contract in the member state of the EU to which the client belongs are more favourable to the client than these provisions or the corresponding German provisions.
11.1. Claims of the client arising from the contract that are based on injuries to life, limb or health, including contractual claims for compensation for pain and suffering resulting from a negligible breach of duty on the part of PIB or an intentional or negligent breach of duty on the part of a legal representative or vicarious agent of PIB, shall become time-barred in three years. This also applies to claims for compensation for other damage resulting from a grossly negligent breach of duty on the part of PIB or an intentional or grossly negligent breach of duty on the part of a legal representative or vicarious agent of PIB.
11.2. Claims of PIB based on changes to or the deterioration of the car park and claims of the client for the reimbursement of expenses shall become time-barred in line with the statutory provisions.
11.3. All other claims arising from this contractual relationship shall become time-barred in one year.
11.4. The limitation period described in sections 10.1 and 10.3 shall commence at the end of the year in which the claim arose and in which the client became aware – or would have, if not for gross negligence – of the circumstances justifying the client’s claim against PIB, and PIB, as the opposing party, became aware of the claim.
11.5. If negotiations between the client and PIB concerning filed claims that are subject to a limitation period as described in sections 10.1 and 10.3 or concerning circumstances justifying such claims are in progress, the limitation period shall not be considered active until either the client or PIB refuses to continue the negotiations. The claim in question shall become time-barred at least three months after the limitation period resumes.