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General Online Terms and Conditions

Skyparking is a trademark of APCOA Autoparking GmbH.

A. General Online Terms and Conditions

I. Parking space reservation and parking space booking - contract confirmation

1. The provision of the online reservation/booking system does not represent a binding quotation from APCOA Car Parking GmbH (APCOA), only a non-binding invitation for the customer, to make us an offer to enter into a reservation agreement as hereinafter referred to in item B or a parking space rental agreement as hereinafter in item C.
2. By submitting the online contract form, the customer makes a binding and irrevocable offer to enter into a reservation or parking space rental agreement.
3. The acceptance of this offer is made by confirmation from APCOA, which will occur immediately after the offer has been submitted (contract confirmation).

II.    Reservation fee

1. For every reservation and booking a reservation fee is due whose amount is shown in the reservation/booking input mask, and which must be paid either by credit card, electronic direct debit or Paypal.
2. A refund of the service fee is excluded, particularly in the event that the customer does not use the reservation or the parking space or if he does not enter into the parking facility within the reservation/rental time.

III. Applicable law - jurisdiction - translations

1. In any case the laws of the Federal Republic of Germany shall apply exclusively.
2. If the lessee is a merchant, the place of jurisdiction for all disputes, for whatever legal reason shall be the registered office of APCOA, thus Stuttgart, unless another place of jurisdiction is compulsory by law.
3. In the case of a translation of these terms and conditions the German version will continue to be legally binding.

B. Special conditions for the parking space reservation

I. Reservation requirement - reservation time

1. With the conclusion of the reservation contract through the contract confirmation APCOA is required to reserve a parking space for the customer in the parking facility stated in the confirmation for the purpose of entering into a lease agreement according to the following paragraph II. A claim for a particular place in the parking facility stated in the confirmation of contract parking does not exist.
2. APCOA will reserve a parking space for the customer for 1 hour, calculated from the entry time stated in the contract confirmation (reservation time). After the expiry of the time period, APCOA is entitled to award the parking space otherwise.

II. Lease agreement - parking fees - lease term - contract duration

1. The entry into the parking facility concludes a lease contract between APCOA and the customer for a parking space according to the requirements of sections 2-5 below, which will be recognized by the customer as the lessee.
2. The leasing fee (parking fee) is determined by the dwell time between the entry and exit of a vehicle into or out of the parking facility (lease term), and according to the price list (which is posted on site) which is valid when the vehicle enters the facility.
3. The parking fee must be paid upon exiting at the exit terminal with the access card (credit card, debit card) stated in the reservation and used to enter the facility. If the customer used an entry ticket (see below chapter D II 2) for entering the facility, the parking fee must be paid on-site before removing the vehicle by presenting the entry ticket at the APCOA parking office for payment.
4. The contract will terminate with the exiting of the vehicle from the parking facility, but no later than 6 weeks after the start of the contract, unless the contract is terminated without notice in advance or something else has been expressly agreed upon.
5. For the lease agreement, the general deposit conditions as per the following chapter D shall apply.

C. Special conditions for the parking space booking

Lease agreement - parking fees - lease term - contract duration

1. With the conclusion of the parking space rental agreement through the contract confirmation, APCOA is obliged to provide to the lessee with a parking space for use in the parking facility and for the duration (lease term) specified in the contract confirmation against payment of the leasing fee (parking fee) specified in the contract confirmation. A claim for a particular place in the parking facility stated in the confirmation of contract parking does not exist.
2. The parking fee immediately due for payment either by credit card, electronic direct debit or Paypal. A refund of parking fees in the event that the customer does not use the leased space shall only be possible in accordance with the applicable statutory provisions (currently: § 537 BGB) and is otherwise excluded.
3. For the duration of the lease period the ordinary termination of the lease is excluded. The lease expires at the end of the lease term, unless the lease is terminated earlier without notice.
4. For the lease agreement, the general deposit conditions as per the following chapter D shall apply.

II. Compensation for use

1. If the lessee does not remove his vehicle from the parking facility after the lease term, the lessee will be liable for compensation for the time period until the removal of the vehicle according to the customary local parking fee schedule. The customary local parking fees, which are posted on site, shall apply for the time until the removal has occurred for the parking facility in which the vehicle is present.
2. The compensation for use must be paid before the vehicle is removed with the access card (credit card, debit card) stated during the booking and which was used during entry. Upon request, the customer will receive a receipt for the imposed compensation for use. If the customer used an entry ticket (see below chapter D II 2) for entering the facility, the compensation for use must be paid on-site before removing the vehicle by presenting the entry ticket at the APCOA parking office for payment.

D. General deposit conditions for the parking space leasing

I. Lease agreement - responsible data protection agency

Security, surveillance, custody, and the provision of insurance protection are not a subject matter of the lease agreement. Although APOCA staff is present in the parking facility or the parking facility is observed with optical-electronic devices (video surveillance) this is not linked to any assumption of liability or custodial care, especially not for theft or damage. The body responsible for the video surveillance in terms of the BDSG (Federal Data Protection Act) is the APCOA Autoparking GmbH, P.O. Box 240463, 70624 Stuttgart, Tel. 0049/711/ 94791-0

II. Opening times - access media - reimbursement of expenses

1. The vehicle can only be deposited or collected upon payment during the on-site posted or otherwise announced opening times.
2. On entering the lessee must insert the access card specified during the booking into the entrance terminal. If a payment with the access card is not possible due to technical problems, the customer will be notified in advance about this and receive an entry card, which must be inserted into the entrance terminal upon entry.
For APCOA the respective owners of the access media (access/entry card) will be regarded as the person entitled to use the vehicle and the leased parking space. APCOA is entitled but not obliged, to investigate these rights. If the access media is not accepted, the assistance key on the entrance terminal must be pressed.
Upon exiting the facility the lessee must insert the access media into the exit terminal.
Payments may only be made to authorized cashier personnel if payment with the access card is not possible due to technical difficulties. If a payment is made to the cashier personnel the lessee must demand a receipt, stating the name of the cashier, the payment amount and date.
3. If the lessee does not use the access media described in section 2 during the entry or exiting, he must pay APCOA a lump-sum reimbursement of expenses in the amount of one daily parking fee, unless the lessee is not responsible for this circumstance or if he proves that no expenses were caused or that they are much lower than the lump sum. Further claims for damages shall remain unaffected by this. Regardless of the compensation and reimbursement of expenses owed by the lessee for the rental period, the parking fee is still due.

III.    Terms of use

1. The lessee is entitled to deposit passenger cars without trailers (vehicles) in the parking facility. Motorcycles may only be deposited if this is expressly permitted by an appropriate notice sign. Requirements for the parking permit are always that the deposited vehicle has liability insurance, is equipped with a license plate (§ 23 StVZO) as well as a valid official inspection sticker (e.g. TÜV).
2. Vehicles may only be parked within the marked parking spaces and only occupy one parking space. Reverse-parking is not permitted. If parking attendants are present, the lessee must park in the parking space assigned to him. If parking spaces are reserved for lessees with special permissions (such as long-term parking, disabled persons, women), the lessee must prove his eligibility upon request.
3. Within the parking facility, the vehicle may only be moved with a walking pace velocity.
4. In the parking facility the following is not permitted:
- The storage of fuel or combustible objects and empty fuel containers,
- The unnecessary running of engines,
- The depositing of vehicles with leaks in the tank or engine or if they are in an otherwise unsafe road traffic condition,
- Dwelling within the parking facility, unless it is solely in connection with the parking of a vehicle, especially camping,
- The repair or maintenance of vehicles,
- Pollution of the parking facility, especially through the cleaning of a car, draining of cooling water, fuel or oil;
- Walking in the driving lanes, including the entrances and exits, unless there are no sidewalks or side stripes;
- Smoking and the use of fire;
- Driving on bicycles, scooters, inline skates, skateboards or other vehicles or equipment and their parking in the parking facility;
- The distribution of advertising material.
5. The lessee must also follow the instructions of the APCOA personnel and adhere to the traffic signs and information signs posted on site. Moreover, the provisions of the German Road Traffic Act shall apply accordingly.

IV.  APCOA liability - deductible - forfeiture terms

1. During the term of the lease APCOA is liable for damages caused by neglect of duty demonstrated by itself, its employees or agents. APCOA is therefore not liable for damages which are solely caused by acts of nature, other tenants or other third parties and which in particular have developed as a result of theft or damage to the vehicle.
APCOA is only liable for breaches of duty in cases of intent or gross negligence, if nothing differing is determined in the following. In cases of simple negligence APCOA is only liable if an injury to life, limb or health (personal injury) or if a breach of fundamental contractual obligations occurred, whereas the fulfillment of the contractual obligations is essential for the correct execution of the contract and if the obligations are those on which the lessee relies and may rely.
If APCOA breaches an essential contractual obligation through simple negligence, the lessee is liable for the damage with a 25% share up to a maximum amount of EUR 300.00 (deductible). Except for the liability for personal injury, compensation is also limited to the foreseeable loss which was evident at the closing of the contract.
After the contract expires APCOA will only be liable for cases of intent.
2. The lessee is obliged to indicate obvious damages to the APCOA personnel of the parking facility and if necessary contact them through the emergency pager and also to give them the opportunity to examine the vehicle before leaving the parking facility. If in exceptional cases this is not possible or reasonable for the lessee, the indication must be made in writing no later than 14 days after the incident occurred to APCOA under the address stated in Paragraph I.2. Non-apparent damages must be indicated in writing within 14 days of the discovery of the damage (limitation periods).
Should the lessee violate his obligation under paragraph 1, all claims for damages of the lessee shall be excluded, unless the lessee is not responsible for the violation. This disclaimer does not apply if the lessee has incurred personal injury or the damage was caused by APCOA through gross negligence or willful misconduct.
3. The preceding paragraphs 1 and 2 shall apply regardless of whether the liability of APCOA derived from a lease agreement or any other legal reason.

V. Liability of the lessee

The lessee is liable for all damages caused by fault of himself, his employees, his agents or accompanying persons to the disadvantage of APCOA or third parties. In addition, he is liable for any culpable contamination of the parking facility.

VI.  Termination - clearance

1. Either party may terminate the agreement for good cause. An important reason for APCOA is notably the case if the lessee despite a warning continues to or repeatedly violates against the provisions under Section III, unless the lessee is not responsible for the violation.
2. The lessee is obliged to immediately remove the parked vehicle from the parking facility and to pay unpaid parking fees after the contract ends. If the lessee does not honor his obligation to vacate, APCOA is entitled to remove the vehicle of the lessee from the parking facility after a prior written request with an appropriate deadline and threat of eviction has been issued. The lessee must bear the costs for removal, storage, recycling and disposal, unless the lessee is not responsible for the failure to vacate.
3. For breaches against the terms set out in section III or for other unlawful abuse of property APCOA is entitled to have vehicle towed at the expense of the lessee, provided that a time period of eight hours has not expired between the point in time that the vehicle was deposited and the assignment of the the towing company. APCOA is also entitled to remove the vehicle from the parking facility in case of imminent danger.
 

Version of 25.05.2011