www.parkobello.de is a website of Parkobello 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 June 2024

“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 Parkobello GmbH. 

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

“Customer” means the User with a Customer Account as a contractual partner of Parkobello GmbH 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 GmbH 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 GmbH to initiate a contract with Parkobello GmbH, or whether he does not use any other services of Parkobello GmbH.

“Parking” means the Customer uses the Parkobello GmbH 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 GmbH 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 GmbH subsidiaries) via the Internet, any mobile devices, via e-mail or by telephone by Parkobello GmbH and agreed with customers of Parkobello GmbH 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 GmbH 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 GmbH does not expressly rule out their validity in the individual case. Even if Parkobello GmbH 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 GmbH 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

If you booked your parking as “Super Saver” you have no-refund/ no-change / no-cancellation and the full parking fee will be retained. 

You have the right to withdraw from this User Agreement (cancel your booking) up to 24 hours before the time you booked your parking space with us. You can cancel directly on the website www.parkobello.de or send an email with your cancellation to: info@parkobello.de.

If you add “Flex-Booking” to your reservation, you have the option to cancel at any time free of charge up to the booked arrival time and in the event of overstay up to 5 hours due to flight delays, you will not incur any additional parking fees.

If you made your reservation through an airport parking broker (“online gateway”), you must cancel and/or change your booking through the broker’s website, as Parkobello GmbH does not receive any information about the agent’s terms and conditions.

Effects of cancellation: If you cancel your contract, Parkobello GmbH will refund all payments that Parkobello GmbH has received from you promptly and at the latest within fourteen days from the day on which Parkobello GmbH was informed of your decision to cancel this contract. For this refund, Parkobello GmbH will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

If you booked and paid through an airport parking broker, Parkobello GmbH has not received any payment and the refund will be subject solely to the refund policy of the broker you used.

If you return your vehicle and return early from your trip (early termination of contract), no partial refunds will be made.

4 Services provided by Parkobello

4.1 Parkobello GmbH shall, per these GTC and all the information and explanations available to the Customer at the time of booking, in concluding a Parkobello GmbH 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 GmbH will, on request, accept to store a customer’s vehicle keys; such storage is at the customer’s own risk. Parkobello GmbH will not be responsible for a lost, stolen or misused key. 

4.3 Surveillance, monitoring, maintenance and provision of insurance coverage are not covered by the contractual services of Parkobello GmbH. 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 GmbH, 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 GmbH 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.

4.6  If in any event the Customer leaves their car keys with Parkobello GmbH, the Customer consents to having their vehicle relocated within the parking compound area by Parkobello GmbH staff. Parkobello GmbH is not responsible for any damages that may occur, as stated in section 4.2 and 7.3.2.

5 Obligations of the Customer

5.1 The Customer undertakes to:

5.1.1 arrive at the designated time stated in the reservation for a guaranteed space on the shuttle. Parkobello GmbH assigns shuttle space based on booking times and cannot guarantee availability for customers who arrive significantly later than their scheduled time. 

5.1.2 if the Customer extends their rental period after the Contract has commenced, the Customer is obliged to notify Parkobello GmbH immediately, 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 arrival and departure day are charged as one full parking day.

6.4 If 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 the commencement of the Contract;

6.4.2 Cancellation under 48 hours before booking commencement, Parkobello GmbH will retain 100% of the parking fee. 

6.4.3 If the Customer purchases Flex-Insurances, the cancellation has to be made known to Parkobello GmbH via email or phone call to ensure the full refund is issued. 

6.4.4 If the Customer returns early or shortens their stay after check-in, they are not entitled to a refund for the time they will no longer be parked.

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

6.5.2 Customer will be charged EUR 20.00 for every additional 24 hours if they do not remove their vehicle at the time stated on the booking. The Customer will pay at the exit barrier via EC or Credit Card.

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 GmbH 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 based on 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 GmbH

7.1 Parkobello GmbH 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 GmbH 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 GmbH.

7.3 Parkobello GmbH 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. No legal relationship is formed with Parkobello GmbH;

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 GmbH is excluded;

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

7.4 The Customer shall indemnify Parkobello GmbH in the event of damage caused by force majeure and 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 GmbH or third parties on the premises of Parkobello GmbH 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 GmbH, insofar as Parkobello GmbH 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 GmbH 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 GmbH.

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 GmbH 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 GmbH 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 GmbH 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 GmbH on servers located in the European Union. Further information can be found in the Parkobello GmbH 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 GmbH points out that Parkobello GmbH does not participate in voluntary consumer dispute resolution. If a consumer dispute resolution becomes mandatory for Parkobello GmbH after these terms and conditions have been printed, Parkobello GmbH shall inform the consumer thereof in an appropriate manner.

Parkobello GmbH refers to the European online dispute resolution platform:

http://ec.europa.eu/consumers/odr/ applicable to all e-commerce contracts.

13.3 Parkobello GmbH 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.

1 June 2024