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GTC

General terms and conditions of business

of the company

Dein Stellplatz GmbH

 

The services offered by Dein Stellplatz GmbH are subject to the following General terms and conditions of business. The version valid at the time of the conclusion of the contract is decisive. These terms and conditions of business apply to the custody of passenger vehicles, the transport of the customer to Berlin Tegel airport for parking space bookings from the locations P1, P2, P3 and P4 as well as to Berlin Schönefeld airport from the SXF location, their return transport from there to the booked parking space as well as all services provided to the customer. Any deviating provisions, even insofar as they are contained in the general terms and conditions of the customer or the orderer, shall not apply, unless they are expressly acknowledged in writing by Dein Stellplatz GmbH.

 

  1. Dein Stellplatz GmbH, Kienhorststraße 60, 13403 Berlin offers under the name “Dein Stellplatz” the possibility to park your car safely and cheaply in the vicinity of the Berlin Tegel and Berlin Schönefeld airports.

 

  1. The passengers of the vehicles parked at Dein Stellplatz GmbH on request will be shuttled one time from the location to the airport and will also be picked up and returned there one time free of charge. If, due to occurrences which are not attributable to Dein Stellplatz GmbH, exceptional trips occur (e.g. items have been forgotten in the vehicle), Dein Stellplatz GmbH is entitled to charge a fee of 20 € per parked vehicle for the return transport journey to and from the airport. The lessee shall state the number of persons to be transported when booking the parking space; the transfer of the persons registered with the booking is guaranteed.  The shuttle is on call and runs as required during the hours of business. In order to be able to pick up a guest in a timely manner, we are dependent on the correct indication of the arrival details. If these are not stated correctly, an obligation for pick up is excluded. In case of the early return of the customer, entitlement to claim money back is excluded. The operator reserves the right, in special cases (special shuttle transport demand or similar) to transport only the driver back to the vehicle; this serves in the interest of both parties in order to transport simultaneously several drivers and thus to bring each one to his/her vehicle more quickly. It is expressly pointed out that the employee will be waiting at the car park space for check-in at the “arrival time at the parking space” indicated by the customer as part of his/her booking. If the customer realises on the way that it will not be possible to make the arrival time at the car park, Dein Stellplatz GmbH must be informed by telephone so that other punctual guests do not have to wait unnecessarily. In the absence of this call, the employee can direct the customer to the next scheduled transfer, call a taxi for the customer at his/her own expense, or charge a one-off amount of 10 € for a requested and possible special trip.Other non-registered fellow travellers are expressly not entitled to the shuttle transport, to or from the car park. The customer is obligated to cooperate in such a way that he/she calls the shuttle telephone number after arrival at the car park, likewise after returning from the flight at the airport he/she must be at the appropriate arranged meeting place and inform Dein Stellplatz GmbH that he/she can be picked up. If he/she does not do this within an hour after arrival at the airport, the entitlement to return to the car park will expire. Please note that our free driving service applies only to the occupants of the vehicle parked at Dein Stellplatz GmbH.If you want to save time, we recommend you bring the passengers together with luggage to the airport for check-in and then only the driver bring the car to us. The shuttle is free of charge, and is considered an additional service. The parking fee is charged exclusively as a rental fee for the rented parking space. The collection of the vehicle is only possible by the contract partner.Dein Stellplatz GmbH can also arrange the free shuttle transport in special cases by external companies, e.g. taxi or car hire. The commissioning of services may only be performed by Dein Stellplatz GmbH and does not entail any additional costs for the customer. For the commissioned transport companies, Dein Stellplatz GmbH shall in no case be liable.

 

  1. When driving in and out of the company property, the general traffic regulations shall apply. The lessee shall observe legal, police and operating personnel orders; this also applies in particular to traffic signs, traffic lights and barrier systems.

 

  1. The use of the car park spaces for purposes other than the parking of the authorised vehicles is not permitted, a transfer of the user rights to third parties is likewise prohibited.

 

  1. For all claims from the rental contract, Dein Stellplatz GmbH has a right of retention as well as a right of lien on the parked motor vehicle and its accessories according to the legal regulations. Dein Stellplatz GmbH may require the lessee to identify the authorised vehicle in a suitable manner, for example, by placing documents behind the windscreen.
    In addition, Dein Stellplatz GmbH is entitled to secure the vehicle which has exceeded the stipulated parking time by means of immobilisers and to release it after payment of the remaining rent.Any use exceeding the contractually agreed parking time will be calculated according to the applicable tariffs. If the customer does not remove the vehicle after expiry of the rental period, no implied renewal of the rental agreement shall take place indefinitely. § 545 of the German Civil Code (BGB) is expressly excluded. In this case, Dein Stellplatz GmbH may demand compensation for the period up to the removal of the vehicle in the amount of the fee which could be demanded for a corresponding period of rental on the basis of the fee agreed for the rental period, at least 5 € per calendar day; any further claims shall remain unaffected.

 

  1. Dein Stellsplatz GmbH is liable within the scope of its liability insurance for damage caused deliberately and/or by gross negligence by its personnel or its vicarious agents. Any further liability is excluded as a precaution. Dein Stellplatz GmbH assumes no custodial responsibility whatsoever. The vehicle parking is carried out at the own risk of the lessee; there is no insurance cover beyond the property and personal liability insurance concluded by Dein Stellplatz GmbH. Dein Stellplatz GmbH has insured all shuttle vehicles as hire cars with occupant insurance. No liability is assumed by Dein Stellplatz GmbH for damages caused by other lessees or other third parties. Any claims for damages which are claimed by the lessee must be reported to Dein Stellplatz GmbH immediately and before the removing the car. Leaving the vehicle with the employees of Dein Stellplatz GmbH is at the own risk of the lessee. Dein Stellplatz GmbH does not assume any damage claims arising from this. Likewise, Dein Stellplatz GmbH generally assumes no liability for objects left behind for storage or left behind in the vehicle. Dein Stellplatz GmbH also assumes no liability for damages that occur to luggage items of the customer during the course of the shuttle transfer carried out, whether self-inflicted or not self-inflicted.The customer shall release Dein Stellplatz GmbH in the case of damage caused by force majeure as well as in case of damage caused by internal and external disturbances, war events and elementary natural forces. Dein Stellplatz GmbH is not liable for damage and destruction of motor vehicles, including their contents and loads, which are caused by acts of third parties, e.g. by other lessees or other persons. This also applies to the theft and loss of motor vehicles, vehicle parts, vehicle contents and loads (e.g. car radio, car phone, personal valuables, computer, photo equipment, sports equipment and similar objects).Dein Stellplatz GmbH endeavours with great diligence to transport the customer to the Berlin Tegel and Berlin Schönefeld airports in good time. The timeliness of the arrival at the airport is expressly not a subject matter of the contract. Dein Stellplatz GmbH is not liable for missed flights or similar. The timely appearance at the car park is expressly at the risk of the customer. A suggested time issued by Dein Stellplatz GmbH is only a recommendation. By driving on the premises of Dein Stellplatz GmbH, the customer assures that the driver is in possession of the necessary driving license and that the vehicle has the statutory insurance cover until it leaves the premises.On request, the driving license and vehicle registration documentation must be presented to the employees and vicarious agents of Dein Stellplatz GmbH. In appropriate cases proof of insurance cover may also be required. If the aforementioned documents are not able to be presented, Dein Stellplatz GmbH is entitled to refuse the fulfilment of the contract. In such cases, the customer is not entitled to claim damages.

 

  1. The lessee is liable for all damages caused by himself/herself or his/her staff, his/her vicarious agents or his/her accompanying persons against Dein Stellplatz GmbH or third parties. He/she is obligated to report any damage caused by him/her immediately and before the exit. In addition, the lessee is liable for the contamination of the parking space.

 

  1. The opening hours of Dein Stellplatz GmbH are based on the regular flight times of the Berlin Tegel and Berlin Schönefeld airports. Claims of the lessee regarding compliance with specific opening times shall be excluded. Dein Stellplatz GmbH aligns its opening hours according to the needs of the lessee. In the case of re-routing to other airports, Dein Stellplatz GmbH is not obligated to pick up the lessee from the respective airport. Changes to the opening hours shall be announced by Internet.

 

  1. When driving in and out, the lessee shall observe the traffic regulations and the diligence required when driving, even if the staff of Dein Stellplatz GmbH assist him/her with directions. Once the vehicle has been parked, the lessee is obligated to lock the vehicle properly and secure it according to common practice, ensure the lights are switched off and check that all the windows are closed. Once the vehicle has been left, the parking space is deemed to have been handed over properly. Only with the acceptance of the contract of use and by driving into the car park, the rental contract for a parking space for a motor vehicle between Dein Stellplatz GmbH and the lessee comes into effect pursuant to the conditions stated here.A booking confirmation concerning a free parking space is not a rental contract. This confirmation merely indicates that a parking space is free and available for the customer. However, there is no claim for a parking space, meaning that a claim for a parking space can not be derived from a booking confirmation. Dein Stellplatz GmbH is entitled, at any time and without giving reasons, to refuse a customer and cancel a booking. Even if the customer is already at the car park. Damage claims against Dein Stellplatz GmbH can not be claimed by the customer. The lessee declares with the acceptance of the contract of use or the entering into the car park, his/her agreement with the validity of the present car park conditions or the General terms and conditions of business, which he/she has knowledge of by means of the notices or the Internet site. Neither guarding, custody nor insurance are objects of this rental contract. Dein Stellplatz GmbH does not assume any custody or special care obligations for the goods entered by the lessee.Dein Stellplatz GmbH only rents a parking space to the lessee for the parking of a car. Vehicles may only be parked within the marked parking spaces. Dein Stellplatz GmbH is entitled to demand from customers who block an adjacent parking space, 100% of the parking fees lost due to the blocked space, before leaving the premises of Dein Stellplatz GmbH. Dein Stellplatz GmbH is entitled to remove vehicles parked outside these areas for a charge, in particular those in the traffic areas. The provisions of the Road Traffic Regulations (StVO) shall apply correspondingly to the premises of the operator, unless specific provisions are stipulated hereinafter. In the parking area it is only permitted to drive at walking speed. The lessee must observe the traffic signs and other usage regulations. The contract ends with the exit.

 

  1. On the premises of the operator it is prohibited to park defective motor vehicles, to store fuels, fire hazard materials of any kind, rubbish, to use horns or cause other nuisances by avoidable noises and the carrying out of work on a motor vehicle.

 

  1. In general there are no discounts on already discounted prices. For both the day of arrival and the day of departure one full parking day is calculated. The customer is obligated to pay for the agreed upon services the valid or agreed upon prices of Dein Stellplatz GmbH. This also applies to services and expenses of Dein Stellplatz GmbH to third parties caused by the customer or orderer. The parking fee is to be paid in advance as a cash payment at the start of the contract for the entire rental period. The lessee receives a pick up ticket and receipt after payment of the parking fee. There is no reimbursement if the contract is terminated prematurely. The agreed prices include the respective applicable VAT.

 

  1. Dein Stellplatz GmbH grants the customer a right of withdrawal at any time. A cancellation is free of charge, if this takes place before 12:00 one day before the agreed parking time In the case of a later cancellation or a complete non-arrival, a lump sum of 100% of the invoice amount will be charged. A mutual rescission by both parties for important reasons remains unaffected. This is in cases of force majeure. The party exercising this right to terminate the contract shall immediately notify the other party in writing without delay before exercising the right to terminate the contract. A claim for damages is excluded in these cases.

 

  1. Dein Stellplatz GmbH may have the vehicles parked removed from the premises at the expense and risk of the lessee if: a) the rental period has terminated; b) a parked vehicle poses a hazard due to a leaky tank or carburettor or other defects; (c) a parked vehicle is not authorised by the police or is withdrawn from circulation by the authorities during the duration of the contract; d) the vehicle has not been authorised to park.

 

  1. Smoking and use of fire as well as refuelling of vehicles, the storage of things of any kind (in particular of tyres, bicycles, etc.), of fuels and flammable objects as well as empty containers, the testing or running of the engine while parked, the parking of vehicles with a leaky tank or engine are all expressly forbidden.

 

  1. Generally there are no discounts on already discounted prices. Discount and coupon promotions can not be combined. Discounts and coupon codes are only for online bookings not for personal, telephone or email reservations. A discount or coupon code is only valid as a part of the booking and can not be charged later. The customer shall park his/her vehicle in the designated marking, in such a way that the unimpeded entry and exit to the adjacent parking spaces is possible at any time. Should the customer prevent the use of a parking space by means of his/her way of parking, Dein Stellplatz GmbH is entitled to charge the customer 100% of the costs of the unusable parking space. If the customer is assigned a specific parking space, the customer is obligated to park his/her vehicle exclusively on the specified parking space. If the customer violates the requirement to park his/her vehicle on the allocated parking space, Dein Stellplatz GmbH is entitled to move the wrongly parked vehicle to the assigned parking space by means of suitable measures at the expense of the customer or if necessary to have it towed away for a charge, especially in the case of hindrance caused by the way of parking.The company premises and its facilities shall be treated with care and in a proper manner. In the case of damage, the costs incurred will be charged to the customer after its remedial action. The customer is prohibited from doing any repairs on the premises (exception: by authorized emergency breakdown services), from cleaning or washing the vehicle, from draining cooling water, fuel or oil or to dispose of rubbish present in the car on the premises. Any soiling which the customer is responsible for is to be rectified immediately and properly. Otherwise, Dein Stellplatz GmbH is entitled to remove this soiling at the expense of the customer. In the event of contamination of the soil or ground water, the disposal must be carried out by an authorised specialist company at the expense of the customer. Irrespective of the culpability, the customer is liable for all damages caused by technical defects of the vehicle (e.g. oil loss, explosion, loss of cooling water) brought by him/her or his/her authorised third parties on the premises of Dein Stellplatz GmbH. This also applies if such defects were not recorded in the state report of the vehicle or were hitherto unknown.The customer assigns his own claims against third parties or insurances from a damage case in advance to Dein Stellplatz GmbH, insofar as Dein Stellplatz GmbH is claimed for such damages.

 

  1. If a provision of this contract is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision shall be replaced by such a valid enforceable provision that is closest to the intent of the original provision. The effectiveness of the remaining provisions shall remain unaffected.

 

  1. Dein Stellplatz stores and processes the necessary data of the customers for the proper handling of the business relationship according to § 28 of the Federal Data Protection Law (BDSG). Data is stored and processed electronically. The customer herewith consents to the use of his/her data for the handling of the contract by Dein Stellplatz. The regulations of the data protection laws shall be respected by Dein Stellplatz, the data shall not be passed on to third parties. The customer agrees that his/her data will be stored within the scope of the statutory regulations, even after the business relations have been terminated. The customer has the right at all times to demand the deletion of his/her data. The request must be addressed in writing to Dein Stellplatz GmbH, Kienhorststraße 60, 13403 Berlin.

 

  1. This contract is subject to German law. The court of jurisdiction is Berlin.

 

 

Berlin, 15.08.2017

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