I. General Terms and Conditions
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts between ParkingList BW GmbH, Kantstraße 149, 10623 Berlin (hereinafter referred to as ParkingList) and the users of the website accessible under the domain www.parkinglist.de (hereinafter referred to as ParkingList.de).
1.2 ParkingList does not accept any GTC of the user that deviate from, supplement or contradict these GTC, so that they are not incorporated into the contract. This does not apply if ParkingList has agreed to the inclusion of the user's GTC.
2. Users of ParkingList.de
2.1 Users of ParkingList.de are, on the one hand, commercial and private parking space providers (hereinafter referred to as parking space providers), as well as private individuals and companies searching for a parking space and related services such as booking a shuttle service from the parking space to the destination via ParkingList.de (hereinafter referred to as customers).
2.2 ParkingList.de is therefore aimed at both consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB.
2.3 A consumer within the meaning of Section 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their independent professional activity.
2.4 An entrepreneur within the meaning of Section 14 BGB is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
3. Brokerage Services of ParkingList
3.1 ParkingList brokers the contact between the parking space providers and the customers.
3.1.1 ParkingList enables parking space providers to post offers for the rental of parking spaces and related services on ParkingList.de (hereinafter referred to as placing advertisements).
3.1.2 ParkingList enables customers to search for a parking space and related services in the desired region via the search function of ParkingList.de, to view the contact details of the parking space provider, to contact the parking space provider via an electronic form on ParkingList.de, and to conclude a contract with the provider via ParkingList.de regarding the use of the parking space and, where applicable, the use of related services.
3.2 Any contracts concluded via the contact options described in clauses 3.1.1 and 3.1.2 of these GTC are concluded exclusively between the customers and the parking space providers.
3.3 Bookings may also be initiated through referral partners (e.g. travel agencies) or made on your behalf. In this case too, the contract for the parking service is concluded exclusively between you and the respective parking provider; neither ParkingList nor the referral partner become a contractual party to the parking service. A partner code may be used to attribute a referred booking (see the privacy policy for details).
4. Conclusion of Contract
4.1 A parking space can be booked without registration. When booking, customers can additionally create a free customer account in order to view their bookings and save their details for future bookings.
4.1.1 Customers create the customer account by selecting the option “yes, register me and save my details for my next booking” in the booking form. Providing a VAT identification number is voluntary; it can be stored in the billing profile of the customer account.
4.1.2 For the customer account, ParkingList takes the name and email address from the booking. The customer sets the password themselves via the link in the booking confirmation.
4.1.3 Before submitting, the user has the opportunity to review all entries again, to make changes (also via the “back” function of the internet browser) or to cancel the process.
4.1.4 The contract for the free use of the customer account is concluded when the customer has selected the option “yes, register me and save my details for my next booking” and submitted the booking.
4.1.5 ParkingList confirms the creation of the customer account in the booking confirmation by email. The customer account can be deleted at any time without notice (clause 9.1).
4.2 Booking parking spaces
4.2.1 Customers have the option of booking parking spaces and, where applicable, related services via ParkingList.de.
4.2.2 No registration is required for booking; completing the booking process is sufficient.
4.2.3 After entering the desired location of the parking space, the customer selects one of the displayed offers by clicking the button labelled with that offer.
4.2.4 After entering the required data, in particular name, email address, vehicle registration number and, where requested, address, the customer selects the payment method offered (payment on site or online payment) and enters the data required for it.
4.2.5 The customer receives a booking overview.
4.2.6 Until clicking the “Book and pay” button (German version: “Kostenpflichtig buchen”), the customer may correct the entered data at any time or cancel the booking.
4.2.7 By clicking the “Book and pay” button, the customer submits a binding offer to conclude a contract for the rental of a parking space and any additional services.
4.2.8 The parking space provider accepts the customer's offer by sending a confirmation email to the email address provided by the customer, which ParkingList sends on behalf of the parking space provider. A binding contract for the rental of the parking space between the customer and the parking space provider is concluded upon receipt of this confirmation email by the customer.
5. Availability of ParkingList.de
5.1 ParkingList provides ParkingList.de with an availability of 99.8% on an annual average. Excluded from this are maintenance times and times during which the server is unavailable due to technical or other problems that are beyond ParkingList's control (force majeure, network disruption outside our network, fault of third parties, etc.).
5.2 ParkingList reserves the right to revise and modify the graphical design and functionalities of ParkingList.de at regular intervals. In the event of a change that is not merely insignificant for the user, in particular a change that makes the provision of services to the user impossible, unusable or unreasonable, the user has an extraordinary right of termination without notice.
6. Consumer Protection Provisions
6.1 Parking space providers are obliged to comply, on their own responsibility, with the provisions of the Digitale-Dienste-Gesetz (DDG, German Digital Services Act), information obligations and any other provisions serving consumer protection when placing advertisements and during the booking process via the ParkingList.de booking system.
6.2 For advertisements where a parking space and, where applicable, related services can be booked directly online via the ParkingList booking system, ParkingList will maintain the technical capabilities for this purpose.
7. Materials of the Parking Space Providers
7.1 Parking space providers have the option of uploading materials (in particular texts) when placing advertisements (hereinafter referred to as provider materials).
7.2 ParkingList is not obliged to review the parking space provider materials with regard to the infringement of third-party rights, unless there are obvious indications of such a legal infringement.
7.3 The parking space provider indemnifies ParkingList against all claims by third parties that they assert due to the infringement of their rights through the contractual publication and use of the parking space provider materials on ParkingList.de or in advertising materials for ParkingList.de. The indemnification includes, in addition to damages, also the reimbursement of reasonable costs for legal defence that arise due to the unlawful or improper use of the parking space provider materials. The indemnification is subject to the condition that a settlement or acknowledgement of third-party claims is only made with the prior written consent of the parking space provider and the user is given the opportunity to take over the legal defence.
8. Prices and Payment Terms
8.1 Registration for a customer account on ParkingList.de is free of charge.
8.2 The available payment methods are displayed under an appropriately labelled button on our website or in the respective article description.
8.3 Unless otherwise stated for individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
8.4 The invoice for the parking service is issued by the parking space provider. The customer can request it from the parking space provider via ParkingList, for example via the customer account or the contact page.
8.5 Payment via Stripe (Stripe Connect)
8.5.1 For certain parking space providers, we offer the option to pay for the booking directly online via the payment service provider Stripe. The provider is Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe").
8.5.2 For payments via Stripe, payment is made directly from the customer to the respective parking space provider. ParkingList acts only as an intermediary and does not receive the payment in its own account. Processing is carried out via the Stripe Connect function, in which Stripe acts as a technical payment service provider between the customer and the parking space provider.
8.5.3 Upon completion of the booking and successful payment via Stripe, the contract is concluded directly between the customer and the respective parking space provider. The customer receives a booking confirmation by email.
8.5.4 For the processing of payments via Stripe, the General Terms and Conditions of Stripe additionally apply. These can be viewed at: https://stripe.com/de/legal/ssa
8.5.5 For payments via Stripe, the invoice is likewise issued by the parking space provider (clause 8.4).
8.5.6 In the event of cancellation by the customer, the purchase price will be refunded to the customer via Stripe, provided that the cancellation conditions of the respective parking space provider provide for a refund. The refund will be made to the payment method originally used for the payment. Receipt may take up to 10 business days, depending on the payment method and bank.
9. Termination; Suspension
9.1 The contract for the free customer account is concluded for an indefinite period and may be terminated by the customer at any time without notice, informally by email to [email protected] or via the contact page. ParkingList will then delete the account unless statutory retention obligations prevent this.
9.2 The right of both parties to extraordinary termination without notice remains unaffected.
9.3 ParkingList may suspend a user's account if there are concrete indications that the affected user is violating legal provisions or third-party rights. ParkingList takes into account the legitimate interests of the user when determining the suspension period, in particular whether the user is not at fault for the violation. Before any temporary or permanent suspension, ParkingList will warn the user in text form, stating the reasons, and give them the opportunity to comment.
10. Liability and Warranty
10.1 The statutory warranty rights apply.
10.2 The strict liability of ParkingList for initial defects pursuant to Section 536a para. 1, 1st alternative BGB is excluded.
10.3 ParkingList is liable in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.
10.4 In other cases, ParkingList is only liable for breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the user may regularly rely (so-called cardinal obligation). In all other cases, the liability of ParkingList is excluded, subject to clause 10.6 of these GTC.
10.5 Insofar as ParkingList is liable in principle pursuant to clause 10.4 of these GTC, this liability is limited to damages that ParkingList foresaw at the time of concluding the contract as a possible consequence of a breach of contract, or should have foreseen with the application of customary due care.
10.6 The liability of ParkingList for damages arising from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
11. Assignment
The assignment of claims against ParkingList to third parties is only possible with the consent of ParkingList in text form. This also applies in particular to a transfer of the user account to a third party.
12. Form of Declarations
12.1 Amendments and modifications to the agreements between ParkingList and the user, including these General Terms and Conditions, require text form (for example email).
12.2 Notices and declarations of the user to ParkingList are effective in text form.
13. Applicable Law and Jurisdiction
13.1 German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favourability principle).
13.2 The place of jurisdiction is the registered office of ParkingList, insofar as the user is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the user has no general place of jurisdiction in Germany or the EU, or if the domicile or habitual residence is not known at the time the action is filed. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected.
13.3 The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information for Consumers
1. Identity of the Website Operator
ParkingList BW GmbH
Kantstraße 149
10623 Berlin
Phone: 030 / 32 76 99 20
Fax: 030 / 32 76 99 21
Email:
[email protected]
Managing Directors:
Andreas Weber
Fouad Banit
Berlin Charlottenburg Local Court
HRB 150806 B
VAT ID: DE290064691
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with clause 4 of our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German. The English version of these GTC is provided for information purposes only; the German version is authoritative.
3.2. The contract text is not stored separately by us. You receive the contract data, the legally required information for distance contracts and these General Terms and Conditions with the booking confirmation by email. With a customer account, you can also view your booking data there.
4. Essential Characteristics of the Service
The essential characteristics of the service to be provided by ParkingList can be found in the service description and the supplementary information on our website.
5. Prices and Payment Terms
For prices and payment terms, please refer to clause 8 of our GTC.
6. Statutory Warranty Rights
The statutory warranty rights apply. The strict liability of ParkingList for initial defects pursuant to Section 536a para. 1, 1st alternative BGB is excluded.
7. Contract Duration, Termination
Information on the duration of the contract and the conditions of termination can be found under clause 9 of our GTC.
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