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Terms of Service

Conditions of the company Dein Stellplatz GmbH

 

Scope

(1) The services offered by Dein Stellplatz GmbH are subject to the following terms and conditions. Decisive is the valid version at the time of the conclusion of the contract.

(2) Deviating provisions, even if they are contained in the general terms and conditions of the tenant, shall not apply, unless they are expressly acknowledged in writing by Dein Stellplatz GmbH.

 

Service description and contract conclusion / settlement

(1) Dein Stellplatz GmbH, Kienhorststraße 60, 13403 Berlin offers under the indicator “Dein Stellplatz” the possibility to park the car safely and inexpensively near the airports Berlin-Tegel and Berlin-Schönefeld.

(2) With the issue of a booking confirmation by Dein Stellplatz GmbH, a rental agreement for a parking space for a motor vehicle is concluded at the conditions stated in the booking.

(3) The Dein Stellplatz GmbH rents the tenant only a parking space for parking a car. The parking fee is calculated exclusively as rental price for the rented parking space. Neither security, custody or insurance is the subject of this lease. Your Stellplatz GmbH does not assume any custody or special duties of care for the things brought in by the renter.

(4) Discounts on already discounted prices are excluded. Discount and coupon promotions can not be combined. Discount promotions and coupon codes are only valid for online bookings, not for personal, telephone or e-mail accepted reservations. A discount or coupon code can only be considered as part of the booking, not retrospectively.

(5) The parking fee is payable in advance or cash on arrival for the entire rental period. The tenant receives after paying the parking fee a pick-up ticket and receipt handed out. The agreed prices include the respective statutory value added tax.

(6) The renter is entitled to terminate the lease properly until 24 hours before the start of the rental period. In this case, the tenant incurs no costs. The cancellation of the booking is to be transmitted by the renter of Dein Stellplatz GmbH by customer login, e-mail or fax. A cancellation is only made if the tenant has received the cancellation confirmation by e-mail. A later cancellation, so cancellation of the booking is excluded. There are 100% of the booking amount.

(7) Arrival and departure are each calculated as a full day of parking. In case of early return of the tenant, there is no right to reimbursement.

(8) The pick-up of the vehicle is only permitted by the renter. The contractual relationship ends with the exit.

 

Rights of Dein Stellplatz GmbH

(1) Dein Stellplatz GmbH has a right of retention and a lien on the discontinued vehicle and its accessories in accordance with the statutory provisions for all claims arising from the rental agreement.

(2) Dein Stellplatz GmbH may demand from the renter that the vehicle be identified in a suitable manner, for example by depositing a receipt behind the windshield.

(3) In addition, Dein Stellplatz GmbH is entitled to secure the vehicles beyond the agreed parking period by immobilizers and to release them only after payment of the rent due. A use exceeding the contractually agreed parking time will be charged according to the applicable tariffs. If the renter does not remove the vehicle after the expiry of the rental period, no tacit renewal of the rental agreement will take place indefinitely. § 545 BGB is excluded. In this case, Dein Stellplatz GmbH may demand compensation in the amount of the fee for the duration until removal of the vehicle which could be demanded for a corresponding rental period on the basis of the remuneration agreed for the rental period, but at least € 10 per calendar day; any further claims remain unaffected.

(4) Dein Stellplatz GmbH may, at the expense and risk of the renter, have the vehicles removed from the business premises removed if:

(a) the lease is terminated;

(b) a stopped vehicle is a hazard due to leaking tank or carburettor or other defects;

(c) a parked vehicle is not authorized by the police or shut down during the term of the contract by the authorities; or

(d) the vehicle was parked unauthorized.

 

Rights and obligations of the renter

(1) Upon request, Dein Stellplatz GmbH must be presented with the driver’s license and vehicle registration document. In appropriate cases proof of sufficient insurance coverage may also be required. If the aforementioned documents can not be presented, Dein Stellplatz GmbH is entitled to refuse to perform the contract. In these cases, the lessee has no claim for damages due to his failure to cooperate with regard to the failed performance of the contract.

(2) The renter is liable for all damages caused by himself or his employees or vicarious agents towards Dein Stellplatz GmbH or third parties. He is obliged to report damage caused by him or his passengers immediately and before the exit. In addition, the renter is liable for contamination of the parking lot.

(3) The hirer must observe the StVO and the care required in traffic at the entrance and exit, even if the staff of Dein Stellplatz GmbH help you with instructions. After the vehicle has been adjusted, the renter is obliged to properly close the vehicle and to secure it in accordance with traffic regulations, to turn off the lights and to check that all windows are closed. Upon leaving the vehicle, the parking lot is deemed to have been handed over properly. In the park area may only be driven at walking pace. The renter must observe the traffic signs and other conditions of use.

(4) The lessee is liable for all damage caused by technical defects caused by the vehicle commissioned by him or by third parties to the premises of Dein Stellplatz GmbH (eg oil loss, explosion, loss of cooling water). This also applies if such defects have not been recorded in the status report on the vehicle or were previously unknown. The renter relinquishes his own claims against third parties or insurances in the event of damage to Dein Stellplatz GmbH, as far as Dein Stellplatz GmbH is claimed from such a loss event in turn.

(5) By driving on the premises of Dein Stellplatz GmbH, the renter guarantees that the driver is in possession of the required driving license and that the vehicle has the legally required insurance cover until leaving the premises.

 

Behavior on the site

(1) The renter must comply with the instructions of the staff of Dein Stellplatz GmbH on the park grounds.

(2) The use of the parking space for purposes other than the recruitment of a vehicle is prohibited, as well as a use of the parking space by third parties.

(3) Vehicles may only be parked within the marked parking spaces. Dein Stellplatz GmbH is entitled to demand from tenants who block a neighboring parking space, before leaving the grounds, the parking fees lost due to the blocking. Dein Stellplatz GmbH is entitled to remove parking outside the marked parking spaces, in particular on the traffic areas.

(4) On the business property of Dein Stellplatz GmbH is prohibited in particular:

(a)the setting of defective vehicles,

(b)the storage of fuel, flammable objects of all kinds and waste;

(c)horns and other annoyances due to avoidable noises,

(d)carrying out work on the motor vehicle,

(e)smoking and the use of fire,

(f)the refueling of vehicles,

(g)the storage of items of any kind (in particular tires, bicycles, etc.), consumables and empty fuel containers;

(h)to wash or clean vehicles,

(i)vent cooling water, fuels or oils as well

(j)Trying out or running the engine at a standstill.

(5) As far as the renter is assigned a specific parking space, the renter is obliged to park his vehicle only on the specified parking space. If the lessee violates the provision to park his vehicle on the assigned parking space, the Dein Stellplatz GmbH is entitled to spend the wrong parked vehicle by appropriate measures at the expense of the lessee to the assigned parking space or towed, if necessary, chargeable, especially at obstructing parking of the vehicle.

(6) The premises and their facilities are to be treated carefully and properly. In case of damage or contamination, the costs incurred will be charged to the renter after removal.

(7) The opening times of Dein Stellplatz GmbH are based on the regular flight times of the airports Berlin-Tegel and Berlin-Schönefeld. A claim of the renter for observance of certain opening times does not exist. Changes to the opening hours are announced on the website of Dein Stellplatz GmbH.

 

Transportation / Shuttle Service

(1) The inmates of the vehicles parked at Dein Stellplatz GmbH will be transported by shuttle on request to the airport for free once from the location located there and also picked up once again free of charge. Per person a piece of luggage (maximum 20kg) is included in the transfer free of charge. If due to incidents, which the Stellplatz GmbH is not responsible for, moreover special journeys accrue (eg because objects were forgotten in the vehicle), the Dein Stellplatz GmbH is entitled, per parking vehicle an amount of one time 20 € for to calculate the round-trip transportation to and from the airport.

(2) The tenant must specify the number of persons to be transported when booking the parking space; a transfer of the persons registered at the booking is guaranteed. A transfer other than the registered persons can be acquired by the tenant. Per person and route the fees are 10 €. If a transfer is not possible due to organizational reasons, Dein Stellplatz GmbH is entitled to reject the desired transfer of the multiple persons. The shuttle is on call and drives as needed within the opening hours. In order to be able to pick up a guest promptly, we depend on the correct indication of the arrival data. If these are not stated correctly, there is no obligation to pick them up.

(3) Dein Stellplatz GmbH reserves the right to transport only the driver back to his vehicle in special cases (special shuttle transfer requirement or similar) upon return; this is in mutual interest to simultaneously transport multiple drivers and thus bring the individual faster to his vehicle.

(4) It is expressly pointed out that at the “time of arrival at the car park” indicated by the renter in the course of his booking, the employee is ready to check in. Should the renter notice on his arrival that he can not comply with the stated arrival time at the parking lot, a call must be made to your parking place, so that other punctual guests do not have to wait unnecessarily. In the absence of this call, the employee can locally refer the tenant to the next scheduled transfer, call him at his own expense a taxi or charge for a desired and possible special trip an amount of 10 €. If on the arrival of the tenant at the booked location no employee of Dein Stellplatz GmbH to be found, the renter is obliged to call the resulting from the booking confirmation mobile phone number and informing that he has arrived and is ready for the check in.

(5) A claim of other, unregistered fellow traveler on the shuttle transport, to or from the parking lot, is expressly not. The renter is obliged to cooperate insofar that he calls the shuttle telephone number after arrival at the car park. Also, after returning from the flight at the airport, he has to arrive at the designated meeting point and inform Dein Stellplatz GmbH that he can be picked up. If he does not do so within an hour of arrival at the airport, the right to return to the car park expires. Please note that our free chauffeur service only applies to the occupants of the vehicle parked at Dein Stellplatz GmbH.

(6) For diversions to other airports, Dein Stellplatz GmbH is not obliged to pick up the tenant from the respective airport.

(7) The Dein Stellplatz GmbH can also arrange free shuttle transport in special cases by external companies, e.g. by taxis or rented car. The awarding of the contract can only be made by Dein Stellplatz GmbH and does not entail any additional costs for the renter.

(8) The Dein Stellplatz GmbH may refuse carriage of the guest and his fellow travelers in special circumstances. These include: Severe drunkeness, heavy dirtiness, carrying open food and drink, smoking or aggressive persons, refusal to wear seat belts, persons, who are dangerous for the others.

 

Limitation of Liability

(1) According to the statutory provisions, Dein Stellplatz GmbH is fully liable for damages resulting from injury to life, limb or health as well as for damages based on an intentional or grossly negligent breach of duty as well as malice. In addition, Dein Stellplatz GmbH is fully liable for damages that are covered by liability in accordance with mandatory statutory provisions, such as the Product Liability Act, as well as in the case of the assumption of warranties.

(2) Dein Stellplatz GmbH shall be liable for such damages which are not covered by section 7 (1) and which are caused by simple or slight negligence insofar as this negligence relates to the breach of contractual obligations, the fulfillment of which is the proper execution of the contract allows and on whose observance the tenant may rely regularly (so-called cardinal obligations). The liability of Dein Stellplatz GmbH is limited to the contract-typical foreseeable damages.

(3) For the rest, the liability of Dein Stellplatz GmbH is excluded.

(4) The above provisions also apply to the benefit of employees, representatives and vicarious agents of Dein Stellplatz GmbH.

(5) The car hire is at the risk of the renter; there is no insurance cover beyond the property and personal liability insurance concluded by Dein Stellplatz GmbH.

(6) The customer shall indemnify Dein Stellplatz GmbH against damage caused by force majeure or damage caused by internal and external civil unrest, events of war and elemental forces of nature. Dein Stellplatz GmbH is not liable for damage or destruction of motor vehicles, including their contents and cargoes, caused by acts of third parties, e.g. caused by other tenants or other persons. This also applies to the theft and loss of automobiles, vehicle parts, vehicle contents (e.g., car radio, car phone, personal valuables, computers, photographic equipment, sports equipment and similar items) and cargo.

(7) The vehicle cleaning services offered by Dein Stellplatz GmbH are exclusively arranged and executed by a third-party company. For the purpose of carrying out the cleaning, the contractor himself or his employee or representative spends the vehicle at his location, carries out the service and spends the vehicle back to the location of Dein Stellplatz GmbH. Dein Stellplatz GmbH is not responsible for the performance and / or the behavior of a mediated contractor.

8) Dein Stellplatz GmbH makes every effort to transport the renter to Berlin-Tegel Airport or Berlin-Schönefeld Airport in good time for a scheduled departure time. The timeliness of arrival or pick-up at the airport is expressly not owed. Dein Stellplatz GmbH is not liable for missed flights or similar. The timely appearance is expressly in the risk of the lessee.

 

Final provisions

(1) The law of the Federal Republic of Germany applies to the exclusion of all international and supranational (contract) legal systems, in particular the UN sales law. For consumers within the European Union, the law applicable to the consumer’s place of residence may also apply, provided that these are mandatory consumer provisions. The contract language is German.

(2) If you do not have a general place of jurisdiction in Germany or in another EU member state, or if you have relocated your permanent residence to a country outside the EU or if your domicile or usual place of residence is not known at the time of filing of the action, this is exclusive place of jurisdiction for all disputes arising from this contract is the place of business of Dein Stellplatz GmbH. The same applies if a merchant, a legal entity under public law or a special fund under public law is the contracting party.

(3) Dein Stellplatz GmbH is entitled to transfer all rights and obligations falling within the scope of application of these Terms and Conditions, in whole or in part, to a third party with a liberating effect. You hereby consent to such acceptance of the contract. In the event that we make use of this transfer option, you have the right to terminate your contract extraordinary.

(4) You are not entitled to set off against claims of Dein Stellplatz GmbH, unless they are legally established or undisputed.

(5) Dein Stellplatz GmbH is not prepared to participate in a dispute resolution procedure before a consumer arbitration board.

(6) Should any provision of these Terms and Conditions be invalid (eg unlawful or otherwise unenforceable), this ineffectiveness does not affect the validity of the remaining provisions. The invalid provision will be replaced by a mutually agreed statutory provision that has a similar and valid economic and legal effect. The same applies to any omissions or omissions in the terms and conditions.

 

Berlin, 13.07.2018

 

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