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.
4. Conclusion of Contract
4.1 In order to use all functions on ParkingList.de, in particular the brokerage services of ParkingList, registration for a user account on ParkingList.de is required.
4.1.1 For registration, the user must first select whether they are an entrepreneur and thus a commercial user or a consumer and thus a private user. A commercial user must enter their VAT identification number. ParkingList reserves the right to request further proof of entrepreneurial status from commercial users, for example the submission of the business registration.
4.1.2 For registration, the user must enter their name, email address and a password of their choice.
4.1.3 Before submitting the order, 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 registration.
4.1.1 By clicking the "register now for free" button, the user submits a binding offer for free registration for a user account on ParkingList.de.
4.1.2 ParkingList accepts the user's offer by sending a confirmation email to the email address provided by the user. A binding contract is concluded upon receipt of this confirmation email by the user.
4.2 Upon registration, the user has the ability to use the following functions of ParkingList.de:
4.2.1 Placing a single offer for long-term rental
4.2.1.1 Parking space providers have the option of placing advertisements for the long-term rental of parking spaces on ParkingList.de. Consumers may place a maximum of one advertisement at a time; entrepreneurs may place multiple advertisements.
4.2.1.2 The parking space provider clicks the "Parking Spaces" button in the "My ParkingList" area and selects the menu item labelled "New Parking Area".
4.2.1.3 After selecting the menu item "Parking Space Advertisement" and entering the number of parking spaces offered, the parking space provider clicks the button labelled "next".
4.2.1.4 The parking space provider enters the data and descriptions for their desired advertisement and uploads the designated images.
4.2.1.5 Before submitting the order, 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 registration.
4.2.1.6 By clicking the "Place advertisement free of charge" button (for consumers) or "Place advertisement subject to charges" button (for entrepreneurs), the parking space provider submits a binding offer to conclude a contract for the placement of their advertisement.
4.2.1.7 ParkingList accepts the user's offer by sending a confirmation email to the email address provided by the user. A binding contract for the advertisement placement is concluded upon receipt of this confirmation email by the user.
4.2.2 Booking a subscription for advertisement placement
4.2.2.1 Entrepreneurs also have the option of booking a subscription for parking space advertisements.
4.2.2.2 The entrepreneur clicks the "Parking Spaces" button in the "My ParkingList" area and selects the menu item labelled "New Parking Area".
4.2.2.3 After selecting the menu item "Parking Space Advertisement", the entrepreneur clicks the "Book Subscription" button.
4.2.2.4 The entrepreneur selects their subscription and clicks the button labelled "next".
4.2.2.5 The entrepreneur receives an order overview. Before submitting the order, 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 registration.
4.2.2.6 By clicking the "Book subscription subject to charges" button, the entrepreneur submits a binding offer to conclude a contract for the placement of their advertisement.
4.2.2.7 ParkingList accepts the entrepreneur's offer by sending a confirmation email to the email address provided by the user. A binding contract for the advertisement placement is concluded upon receipt of this confirmation email by the entrepreneur.
4.2.3 Placing commercial offers
4.2.3.1 The parking space provider clicks the "Parking Spaces" button in the "My ParkingList" area and selects the menu item labelled "New Parking Area".
4.2.3.2 The parking space provider enters the data (in particular prices, rental duration, available days, etc.) and descriptions for their desired advertisement and uploads the designated images.
4.2.3.3 The parking space provider receives an overview of their booking. Before submitting the order, 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 registration.
4.2.3.4 By clicking the "Place advertisement subject to commission" button, the parking space provider submits a binding offer to conclude a contract for the placement of their advertisement.
4.2.3.5 ParkingList accepts the parking space provider's offer by sending a confirmation email to the email address provided by the user. A binding contract for the advertisement placement is concluded upon receipt of this confirmation email by the parking space provider.
4.2.4 Booking parking spaces
4.2.4.1 Customers have the option of booking parking spaces and, where applicable, related services via ParkingList.de.
4.2.4.2 For booking, only registration as a customer and completion of the booking process is required.
4.2.4.3 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.
4.2.4.4 After entering all data, in particular name, address and vehicle registration number, the customer selects the payment method and enters the required data.
4.2.4.5 The customer receives a booking overview.
4.2.4.6 Until clicking the "Book parking space subject to charges" button, the customer may correct the entered data at any time or cancel the booking.
4.2.4.7 By clicking the "Book parking space subject to charges" button, the customer submits a binding offer to conclude a contract for the rental of a parking space and any additional services.
4.2.4.8 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 German Telemedia 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 user account on ParkingList.de is free of charge.
8.2 Placing an advertisement for long-term rental is free of charge for private parking space providers. For commercial parking space providers, placing advertisements for long-term rental is subject to charges.
8.2.1 Commercial parking space providers have the option to choose from the current price list of available remuneration models.
8.2.2 The prices stated in the current price list are net prices plus the statutory value added tax.
8.2.3 The available payment methods are displayed under an appropriately labelled button on our website or in the respective article description.
8.2.4 Unless otherwise stated for individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
8.3 Placing advertisements for parking space sharing using the ParkingList.de booking system is subject to commission for both commercial and private parking space providers.
8.3.1 ParkingList charges a fee of 29% including VAT of the rental generated via ParkingList.de. The commission includes all applicable taxes and other costs.
8.3.2 When placing advertisements for parking space sharing using the ParkingList.de booking system, the parking space provider grants ParkingList.de a power of attorney to receive payments.
8.3.3 ParkingList issues an invoice to the customer after booking in the name and on behalf of the parking space provider.
8.3.4 ParkingList sends the parking space provider a verifiable statement of account on a monthly basis. The statement must include, in particular, the time of booking, the booked periods, the name and address of the respective customer, the date and amount of the invoice to the customer, the date and amount of the payment received, and the amount of the retained commission.
8.3.5 The invoice amount is to be transferred to the parking space provider within a period of ten business days, starting from the invoice date, to the account specified by the provider.
8.3.6 The parking space provider is obliged to notify ParkingList immediately upon receipt of a withdrawal right exercised by the customer. In this case, no commission is payable.
9. Timing and Duration of Advertisement Placement
9.1 An advertisement is always placed for a period of 30 days, starting with its publication on ParkingList.de.
9.2 The publication of a free advertisement for longer-term rental by consumers and the publication of an advertisement under the parking space sharing model takes place immediately after booking the advertisement.
9.3 The publication of a paid advertisement for longer-term rental by entrepreneurs takes place only after receipt of payment by ParkingList. For the booking of subscriptions, this applies accordingly to the first advertisement placement.
10. Termination; Suspension
10.1 All contracts concluded via ParkingList.de, with the exception of subscription bookings, are concluded for a period of two months (hereinafter referred to as the minimum contract term). The contract is automatically renewed for a further two months if neither party terminates the contract within a period of two weeks before the end of the month. Termination can be made via the "Cancel user account" button in the user's customer area.
10.2 Subscriptions are concluded for a period of one year and are automatically renewed for a further year if neither party terminates the contract within a period of six weeks before the end of the minimum contract term.
10.3 The right of both parties to extraordinary termination without notice remains unaffected by clauses 10.1 and 10.2 of these GTC.
10.4 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. ParkingList will issue a written warning to the user before any temporary and/or permanent suspension and give them the opportunity to comment. ParkingList will warn the user in text form before suspending the user account, stating the reasons, and will take their legitimate interests into account in the decision.
11. Liability and Warranty
11.1 The statutory warranty rights apply.
11.2 The strict liability of ParkingList for initial defects pursuant to Section 536a para. 1, 1st alternative BGB is excluded.
11.3 ParkingList is liable in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.
11.4 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 12.4 of these GTC.
11.5 Insofar as ParkingList is liable in principle pursuant to clause 12.1 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.
11.6 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.
12. Assignment
The assignment of claims against ParkingList to third parties is only possible with the written consent of ParkingList. This also applies in particular to a transfer of the user account to a third party.
13. Written Form
13.1 Amendments and modifications to the agreements concluded between ParkingList and the user, including these General Terms and Conditions, require written form to be effective.
13.2 To comply with the written form requirement, telecommunicative transmission, in particular by fax or email, is sufficient, provided that the copy of the signed declaration is transmitted.
14. Applicable Law and Jurisdiction
14.1 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).
14.2 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.
14.3 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.
3.2. The complete contract text is not stored by us. Upon acceptance of the offer by us, the contract data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
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 10 of our GTC.
