Terms and Conditions

www.parkobello.de is a website of Parkobello Hamburg GmbH, Poststraße 33, 20354 Hamburg 

These General Terms and Conditions govern the contractual relationship between Parkobello GmbH and the users or customers who use the services of Parkobello GmbH.

1        Definitions

1.1    The following definitions shall apply in these General Terms and Conditions:

“GTC” means the currently valid version of the General Terms and Conditions, as amended on 1 st April 2022

“Parkobello” means (i) Parkobello GmbH, a company incorporated under the law of Germany, Amtsgericht Hamburg HRB 152797.

“Parkobello Parking Facilities” are Parking Facilities operated and managed by (i) Parkobello. 

“Service Offering” means the parking services provided by Parkobello via the Website.

“Customer” means the User with a Customer Account as a contractual partner of Parkobello and includes consumers within the meaning of Section 13 of the German Civil Code [BGB] as well as entrepreneurs within the meaning of Section 14 BGB unless these GTC expressly set out diverging terms and conditions.

“Customer Account” means the individual user account of the User for initiating and implementing the Parkobello contract via the Website, in which the Customer manages essential information about himself, his vehicle including registration number and his payment data (credit card).

“User” means any visitor to the Website, regardless of whether he sets up, manages or uses a user account as a Customer, or whether he uses Parkobello to initiate a contract with Parkobello, or whether he does not use any other services of Parkobello.

“Parking” means the Customer uses the Parkobello operated Parking Facility in an Airport, including a shuttle bus service to and from the terminals. 

“Contract” means the service and rental agreement between the Customer and Parkobello pursuant to clause 3.1 of these GTC for the provision of shuttle or valet parking services including secondary rental services and other services for the Customer as specified in clause 4.6.

“Website” means www.parkobello.de, including all applications irrespective of means.

1.2    Plural or singular forms also apply to the synonym.

1.3    The use of the masculine form is for readability purposes and should not be read as a gender-specific reference. Words in the masculine form also apply to feminine or gender-neutral references.

1.4    Communications by email or other electronic/ digital means fulfil the requirement of written form.

2        Scope of application

2.1    These General Terms and Conditions, which are subject to occasional changes, apply to all contractual and legal relationships as well as services and Service Offerings that are offered directly or indirectly (i.e. through third parties, including Parkobello subsidiaries) via the Internet, any kind of mobile devices, via e-mail or by telephone by Parkobello and agreed with customers of Parkobello based on a Contract.

2.2    By using the Website and creating a Customer Account, the Customer confirms that he has read and understood these GTC and data protection provisions and agrees to these terms.

2.3    Employees or other agents of Parkobello are not entitled or authorised to make verbal or written agreements with the Customer in connection with the Contract which deviates from these GTC. This does not apply in the case of a statutory power of representation, e.g. due to position as an authorised representative or as an authorised signatory.

2.4    Terms and conditions of the Customer or third parties shall not apply, even if Parkobello does not expressly rule out their validity in the individual case. Even if Parkobello refers to a letter containing the terms and conditions of the Customer or a third party or draws attention thereto, this shall not constitute agreement as to the validity of those terms and conditions.

3        Conclusion of a Contract

3.1    The conclusion of a Contract for parking the vehicle on the Parkobello Parking Facilities and any possible provision of further Service Offerings will be effected without individual communication via an online booking procedure (e-commerce contract), whereby Parkobello shall act. 

3.2    The Customer concluding the Contract shall, as the hirer, be the sole contractual partner and thus the party liable for payment for all services, even if contracts are booked for several vehicles. 

3.3    The booking process is carried out via the Website and the Customer Account and booking screen containing explanations and user help functions.

3.4    Right of withdrawal: In the case of distance selling contracts for services under the Parkobello brand, the Customer is entitled to a right of withdrawal in accordance with the statutory provisions insofar as he is a consumer pursuant to Section 13 BGB. Please refer to the instruction on withdrawal below and also available under the link Instruction on withdrawal.

INSTRUCTION ON WITHDRAWAL

You have the right to withdraw from this user contract within fourteen days without specifying any reasons. The withdrawal period is fourteen days from the date of the conclusion of the contract.

To exercise your right of withdrawal, you must inform Parkobello of your decision to withdraw from this Contract by an unequivocal statement (for example, a letter or e-mail sent by mail).

Parkobello GmbH

Poststraße 33, 20354 Hamburg, Germany

info@parkobello.de

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this Contract, Parkobello shall reimburse to you all payments received from you without undue delay and not later than fourteen days from the day on which Parkobello is informed about your decision to withdraw from this Contract. Parkobello will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay Parkobello an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this Contract, in comparison with the full coverage of the Contract.

Note on the premature expiry of the right of withdrawal: Your right of withdrawal expires prematurely in the case of a contract for the provision of services if Parkobello has provided the service in full and has not begun to perform the service until you have given your express consent and at the same time confirmed your knowledge that you have lost your right of withdrawal upon complete fulfilment of the Contract by Parkobello.

4        Services provided by Parkobello

4.1    Parkobello shall, in accordance with these GTC and all the information and explanations available to the Customer at the time of booking, in concluding an Parkobello Contract, (i) provide a parking space for the agreed Contract period (ii) provide shuttle service to and from the terminal and (iii) provide any agreed additional and/or alternative Service Offerings.

4.2    Parkobello will on request accept to store a customer’s vehicle keys, such storage is under the customer’s own risk. Parkobello will not take any responsibility for a lost, stolen or misused key. 

4.3    Surveillance, monitoring, maintenance and provision of insurance cover are not covered by the contractual services of Parkobello. Even if personnel are present at the Parkobello Parking Facilities or the Parking Facilities are monitored using video surveillance, this does not imply any assumption of care or liability, especially not for theft or damage.

4.4    Unless otherwise expressly agreed with Parkobello, the suitability of the parking space rented under the Contract is limited to vehicles with a vehicle height of max. 1.90 m and a vehicle width of max. 2 m.

4.5    Parkobello is entitled,

4.5.1 to release the vehicle beyond the agreed parking period only after payment of the remaining rental charge to secure it with engine immobilisers;

4.5.2 to have parked vehicles removed from the premises at the risk and expense of the Customer, if (i) the rental agreement is terminated, (ii) a parked vehicle poses a danger due to a leaking tank or carburettor or other defects, (iii) a parked vehicle does not have a valid motor vehicle licence or is withdrawn from circulation by the authorities during the term of the Contract or (iv) the vehicle has been parked without authorisation.

5        Obligations of the Customer

5.1    The Customer undertakes to:

5.1.1 when the Customer wants to be picked up at arrival, it is his own obligation to notify Parkobello in order for us to dispatch the shuttle bus. Without such notification, the shuttle bus service shall not be performed. 

5.1.2 in the event the Customer extends their rental period, after the Contract has commenced, the Customer is obliged to notify Parkobello immediately and provide full information about the changed duration of the rental contract and immediately authorise any additional payments for the extended period. 

6        Right of cancellation and costs

6.1    The Customer has a right to cancel the Contract at any time. Cancellation is free if it is made up to 48 hours before the commencement of the rental contract. The right by either party to withdraw for cause shall remain unaffected. This is the case with force majeure. The party exercising this right of cancellation must inform the other party immediately in writing before exercising the right of cancellation for a cause. A claim for damages is excluded in these cases.

6.2    The Customer pays the agreed parking fee in advance for the entire rental period at the time of booking. Discounts on already discounted offers are excluded. The prices agreed to include statutory value-added tax.

6.3    Each of the Arrival and departure days are charged as one full parking day, respectively.

6.4 In the event that a Customer cancels his booking he will be refunded as follows:

6.4.1 Full refund if the Customer cancels a booking more than 48 hours before commencement of the Contract;

6.4.2 A cancellation fee of EUR 25.00 will be charged if the customer cancels less than 48 hours before commencement of the Contract.

6.4.3 Partial refund with a retained service fee of EUR 25.00 if the Customer (i) cancels his booking less than 48 hours before commencement of the Contract (ii) does not arrive at the agreed time of the commencement of the Contract. 

6.5    If the Customer extends its booking, this further service period constitutes a new booking process and the provisions of this clause 6 apply respectively.

6.6        Any use exceeding the contractually agreed parking time will be charged according to the applicable tariffs. If the Customer does not remove the vehicle after the expiry of the rental agreement, there will be no tacit extension of the Contract for an indefinite period of time.

Section 545 BGB is expressly excluded. In this case, Parkobello shall be entitled to demand compensation for the period pending the removal of the vehicle in the amount of the remuneration which could be claimed for a corresponding rental period on the basis of the remuneration agreed for the rental period, but not less than EUR 25.00 per calendar day; any further claims are hereby unaffected.

7        Liability of Parkobello

7.1    Parkobello is liable within the scope of its liability insurance for damages caused by intent and/or by gross negligence by its staff or its agents. Any further liability is excluded. Parkobello does not assume any obligation of care.

7.2    There is no insurance coverage beyond the property and personal liability insurance taken out by Parkobello.

7.3    Parkobello does not accept liability

7.3.1 for objects handed over for safekeeping or left in the vehicle and/or for damage which occurs to luggage of the Customer through his own fault or not through his own fault;

7.3.2 for damage resulting from acts of courtesy (start-up assistance, parking assistance) of its employees and/or agents. In this case, a legal relationship is not formed with Parkobello;

7.3.3 damage to and destruction of vehicles, including their contents and loads, which have been caused by acts of third parties; this also applies to the theft and loss of motor vehicles, vehicle parts, vehicle contents (e. g. car radios, car telephones, personal valuables, computers, photographic equipment, sports equipment and similar objects) and vehicle loads;

7.3.4 for theft, fire, hail, storm or storm damage, vandalism and burglary; only the comprehensive insurance cover of the vehicle concerned assumes liability in this case and liability on the part of Parkobello is excluded;

7.3.5 for damage caused by animals, wind blowing objects or contamination by trees, plants, animals, dust; liability on the part of Parkobello is expressly excluded.

7.4    The Customer shall indemnify Parkobello in the event of damage caused by force majeure as well as in the event of damage caused by internal and external disturbances, war events and elementary forces of nature.

8        Liability of the Customer

8.1    The Customer shall be liable for damage to the legal interests of Parkobello or third parties on premises of Parkobello caused by the Customer himself either intentionally or negligently.

8.2    Irrespective of fault, the Customer shall be liable for all damage to the vehicle due to technical defects (e. g. loss of oil, explosion) on the Parkobello Parking Facilities caused by the Customer himself, his employees, his agents or his accompanying persons (family members) or by a third party contracted by him. This also applies if such defects have not been included in the vehicle status report or were previously unknown. The Customer shall assign his own claims against third parties or insurance undertakings from a damage event in advance to Parkobello, insofar as Parkobello is held liable for such an event.

8.3    The Customer is entitled to prove that no damage or lesser damage than that claimed was caused.

9     Measures to be taken in the event of a breach of Contract by the Customer

9.1  Parkobello may refuse parking of the vehicle in the Parking Facility if there are indications that driving on the premises or parking on the premises may pose a risk to the operational safety of Parkobello.

9.2  Where the contractually booked parking time is exceeded for reasons for which the Customer is not responsible, and where the contractually owed service is withheld from another Customer (this includes, in particular, exceeding the parking time as a result of an air traffic controller strike, pilot strike, cancellation of flights or flight delays), Parkobello is entitled to move or tow away the vehicle as a last resort if less severe means are not at its disposal. The costs of these measures shall be borne by the Customer. Clause 8.3 applies accordingly.

9.3  The provision in 9.2 in conjunction with 8.3. shall apply mutatis mutandis to an overrun of the parking period for which the Customer is responsible, on condition that, in addition to the right to move the vehicle if less severe means are unavailable and the Customer is obliged to reimburse the costs of appropriate measures, the Customer must pay compensation which is to be paid based on the typical and advertised tariffs for the respective parking facility.

10     Lien and right of retention

10.1  Insofar as Parkobello has duly offered or provided its contractual services and the Customer is not entitled to any contractual or statutory right of retention or set-off, Parkobello may refuse to release the parked vehicle without prior full payment of the invoice price.

10.2  In accordance with the statutory provisions on the Customer, Parkobello is entitled to a right of retention as well as a legal right of lien to the parked vehicle of the Customer due to its claim under the rental agreement.

11     Data collection and processing

By using the Website, the Customer agrees to the collection, processing and use of his personal data by Parkobello on servers located in the European Union. Further information can be found in the Parkobello Privacy Statement.

12     Severability Clause

If any provision of this agreement should be found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that comes closest to the intent of the original provision. The validity of the remaining provisions shall remain unaffected.

13     Applicable law and dispute resolution

13.1  These GTC are governed by German law. Place of jurisdiction is Hamburg.

13.2  With regard to the Consumer Dispute Resolution Act, Parkobello points out that Parkobello does not participate in voluntary consumer dispute resolution. If a consumer dispute resolution becomes mandatory for Parkobello after these terms and conditions have been printed, Parkobello shall inform the consumer thereof in an appropriate manner.

Parkobello refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ applicable to all e-commerce contracts.

13.3  Parkobello reserves the right to modify these GTC at any time without giving reasons. The Customer shall be notified of the amended and modified GTC before activation. The amended GTC becomes effective as soon as they are accepted by the Customer.

7th April 2022