General Terms and Conditions Status 01/2015. A) General Terms and Conditions for online reservations

Transcription

1 eneral Terms and Conditions Status 01/2015 A) eneral Terms and Conditions for online reservations Online reservation of parking spaces, reservation of parking spaces, confirmation of reservation, change of reservation 1. The provision of the online reservation system shall not constitute a legally binding offer of Flughafen Köln/Bonn mbh ( FKB ), but merely a non-binding invitation to the customer ( Lessee ), to submit an offer to conclude a contract for a parking space pursuant to the following eneral Terms and Conditions ( Lease Contract ). 2. By clicking the button Binding booking, the Lessee submits a binding offer of concluding a contract for a parking space. A commercial leasing/reservation of parking spaces for third parties or the subletting or subleasing of these shall require the explicit consent of FKB. 3. The lease charge (parking fee) shall be due payable immediately in advance upon submission of the offer via EC-Card or credit card (Mastercard or VISA). The acceptance of the offer of the Lessee shall be effected by confirmation of FKB immediately upon submission of the offer and payment of the parking fees (confirmation of reservation). The conclusion of the contract for a parking space shall be subject to the condition precedent of the payment of the parking fees to the account of FKB. If the direct debit of the parking fee fails, a contract for a parking space shall not be concluded. If the Lessee is responsible for the failure of the direct debit, he shall reimburse FKB for any extra costs incurring. Upon conclusion of the contract for a parking space, FKB shall, according to the confirmation of reservation, be obliged to concede a parking space in the parking facilities to the Lessee for the parking duration against payment, as specified in the confirmation of reservation (lease period). There shall be no entitlement to a certain parking space in the parking facility agreed upon in the reservation. 4. A change of reservation is possible free of charge, if the change is made at least 24 hours in advance before the beginning of the parking period), and if the time span between the start of the previously booked period and the newly booked time does not exceed 24 hours. A change of reservation must be made by clicking the Change button. Should the renter not use the parking space, he shall not be entitled to a refund of the parking fee. Should the change of reservation result in a cheaper rate, a re-payment of the difference shall not be possible. 5. A cancellation of the contract for a parking space shall be possible free of charge at any time before the lease period starts. The cancellation must be effected by clicking on the button Cancel. If a Lessee does not use the parking space without cancelling or changing his reservation, he/she shall have no right to a reimbursement of the parking fees.

2 B) eneral parking conditions for Lessees I. Lease contract, closed circuit television, responsible data protection office 1. If a contract for a parking space has not been concluded per online reservation pursuant to Section A), a lease contract for a parking space between FKB and the driver (Lessee) shall come into effect upon entrance of the vehicle into the parking facility under the following conditions. 2. On driving into the car park, the renter agrees to the car registration number of the vehicle entering the parking facilities being recorded and stored by the Cologne Bonn Airport for the following purposes (otherwise Cologne Bonn Airport may refuse the renter entry): a) Allocation of parking spaces with online booking/reservation, b) Issuing subsequent parking receipts, c) Prevention and prosecution of crimes connected with parking (in particular, damage to property, fraud and theft). 3. Surveillance, monitoring, safe-keeping and the provision of insurance cover shall not be subject matter of the contract. Even if FKB staff is present in the parking facilities or the same are equipped with opticalelectronic installations (closed circuit television) this shall not constitute an assumption of custody or liability, in particular not in case of theft or damage. For the purposes of the Federal Data Protection Act (BDS), the control office (Flughafen Köln/Bonn mbh, Heinrich-Steinmann- Str. 12, Cologne, mailto: info.dbs@koeln-bonn-airport.de.) shall be responsible for the closed circuit television. II. Parking fees, lease period, parking coupon, penalty clause 1. The lease charge (parking fee) shall be determined by the length of stay between the entry of a vehicle into the parking facility and its exit (lease period), and in accordance with the valid price lists displayed upon entry of the vehicle. In the case of online reservations, the Lessee must use the means of identification specified in the reservation (credit card or reservation confirmation with QR code) at the entry terminal. If during the reservation process the renter has selected the car registration number as his means of access, the barrier will be automatically raised when the registration number is recognised. In all other cases, a parking ticket should be taken or the credit card entered into the entry terminal. 2. Apart from online reservations, the parking fee shall be paid at the exit terminal with the credit card used at the entry terminal, or paid at the pay stations before the vehicle leaves the parking facility. In the exceptional case of payment to an authorised cashier, the Lessee shall have this acknowledged by a receipt; the receipt should indicate the name of the cashier, the amount paid and the date. In the case of online reservations, the means of identification indicated shall be used at both the entry and exit terminal. If the Lessee exceeds the lease period booked online, an additional fee shall be charged which must be paid at the exit. If the Lessee is responsible for the failure of the direct debit, he shall reimburse FKB for any extra costs incurring. 3. After payment, the parking facility must be left immediately. If the exit time of 10 minutes after payment is exceeded, the parking fee shall be re-calculated up until the time of exit.

3 4. The parking coupon or other proof of authorisation issued to the Lessee (e.g. ticket) shall be kept safely by the Lessee. For FKB, the respective holder of the proof of authorisation shall be the authorised user of the vehicle involved. FKB is entitled, but not obliged, to check this authorisation. 5. If a Lessee loses his/her parking ticket or other proof of authorisation, the Lessee shall pay to FKB a contractual penalty amounting to a day rate, unless the Lessee is not responsible for the loss; further claims for compensation shall remain unaffected. Regardless of the penalty, the Lessee shall pay the Lessor the parking fee for the lease period and for the time after the completion of the contract for parking space compensation for use. Long-term parking pass holders shall pay 15 EUR in the case of the loss of or damage to chip cards. III. Conditions of use 1. The Lessee shall be authorised to park passenger cars without trailers ( vehicles ) in the parking facilities. Motorcycles may only be parked if this is explicitly permitted by a corresponding information sign. The prerequisite for authorisation to park is always that the parked vehicle has third-party liability insurance, has an official registration plate ( 29 StVZO erman Road Traffic Licensing Regulations) and a valid official inspection tag (e.g. TÜV the erman Technical Supervisory Association). 2. Vehicles may only be parked within the marked spaces, and only one vehicle in one parking space. Directions of staff present must be followed and the parking facility user must park in the parking space to which he is directed. If parking spaces are reserved for Lessees with special entitlement (e.g. long-term parker pass holders, disabled persons, women), the Lessee must prove this entitlement if so requested. 3. Within the parking facilities, the vehicle may only be driven at walking pace. 4. In the parking facilities it is prohibited to: store working materials, combustible materials or empty containers of the same, leave the engine running unnecessarily, park vehicles with a leaky tank or engine or in an otherwise hazardous condition, stay in the parking facility, insofar as it is not to park the vehicle, in particular to camp out, repair or service vehicles, pollute the parking facility, in particular by cleaning the vehicle, emptying coolants, lubricants or oil. 5. Moreover, the Lessee shall observe the other conditions of use as set out in Section C, the instructions of FKB employees and the traffic and information signs on location. The regulations of the Highway Code shall also apply.

4 IV. Liability of FKB, own risk, preclusion period 1. For the duration of the lease contract, FKB shall be liable for damages which are demonstrably caused by a breach of duty on the part of FKB, their employees or commissaries. FKB shall thus not be liable for damages caused solely by force majeure, other Lessees or other third parties, in particular in consequence of theft or damage to the vehicle. FKB shall be liable for breach of duty only in the case of intent or gross negligence, unless otherwise specified in the following. In the case of slight negligence, FKB shall only be liable, if there is a case of a breach of contractual obligation, the fulfilment of which is enabled by the orderly execution of the contract and in which the Lessee confides and may confide. Should FKB be in breach of a basic contractual duty with slight negligence, the Lessee shall make a 25 % contribution to the damage, with a maximum of EUR 300 (excess). The compensation for the loss suffered shall be limited to the damage predictable upon the conclusion of the contact. 2. The aforementioned exclusions of liability shall not apply if an exclusion or limitation of liability for damage to life and limb or health has been agreed based on culpable violation of duty on the part of FKB, their legal representatives or vicarious agents. 3. Before leaving the parking facility, the Lessee shall be obliged to notify the FKB staff members responsible for the parking facility of any apparent damages and, if necessary, contact these via an emergency call and give them the opportunity of inspecting the vehicle. If this is not possible or reasonable for the Lessee, written notification must be given to FKB at the address specified in Clause I.2. within 14 days at the latest. In the event of unapparent damages, written notification must be given within 14 days of detection of the damage (preclusion period). If the Lessee is in breach of his obligation of notification in accordance with the aforementioned Paragraph I, all claims for damages on the part of the Lessee shall be excluded, unless the Lessee is not responsible for that breach. This exclusion of liability shall not apply if the Lessee suffers personal injury or FKB has caused the damage through gross negligence or intent. 4. The aforementioned clauses 1 and 2 shall apply irrespective of whether the liability of FKB is based on the lease contract or other legal grounds. V. Liability of the Lessee The Lessee shall be liable for all damage caused to FKB or third parties by himself, his employees, his commissaries or attendants. Moreover, he shall also be liable for culpable defilement of the parking facility. VI. Right of retention, legal right of lien Based on the claims arising from the lease contract, FKB shall have a right of retention and a legal right of lien to the Lessee s parked vehicle. If the Lessee is in default of settling the claims of FKB, FKB can at the earliest effect debt recovery measures two weeks after warning notice of the same.

5 VII. Contract period cancellation clearance 1. The contract shall end with the exit of the vehicle from the parking facility, however, at the latest six weeks after entry into the parking facilities, unless the contract has been terminated without notice or other conditions explicitly agreed. 2. Each party shall be entitled to cancel the contract without notice for an important reason. For FKB, an important reason is in place especially if the Lessee, despite a warning, anew or repeatedly infringes upon the conditions of use as set out in Paragraph III, unless the Lessee is not responsible for this infringement. 3. The Lessee shall be obliged to immediately remove the parked vehicle from the parking facility upon expiration of the contract and to pay any outstanding parking fees. Should the Lessee not comply with this clearance obligation FKB shall, after a previous written request with a reasonable deadline and warning of clearance, be entitled to remove the vehicle of the Lessee from the parking facility. The Lessee shall bear the costs of clearance, safe-keeping, recovery and disposal, unless the Lessee is not responsible for not removing the vehicle. 4. In the case of infringement of the Conditions of Use according to Paragraph III or other trespasses of possession, FKB shall be entitled to have the Lessee s vehicle towed away at the cost of the Lessee, insofar as more than eight hours have passed between the parking of the vehicle and the commissioning of the towing service company. FKB shall also be entitled to remove the vehicle from the parking facility in the event of an immediate hazard. VIII. Jurisdiction agreement Place of fulfilment shall be Cologne. The law of the Federal Republic of ermany shall exclusively apply for the contractual relationship between FKB and the Lessee. The court of jurisdiction shall be Cologne insofar as the lessee is a merchant, a corporate body under public law or a special fund under public law. FKB shall be entitled to sue the Lessee at his/her general court of jurisdiction. C) Other conditions of use For all users of the parking facilities, the conditions of use in accordance with Section B Paragraph III Clauses 3 5 shall apply. Moreover, in the parking facilities the following is prohibited: Walking on the roadway, including the entry and exit ways, unless there are no pedestrian paths or hard shoulders available; Smoking or the use of open flames; Cycling, the use of mopeds, inline skates, skateboards and other means of transport or equipment, or parking the same in the parking facilities; Distribution of advertising material.