General Terms and Conditions
A. Preliminary remark
The following terms and conditions govern the relationship between you (hereinafter: "customer") and GVA GmbH, Am Königshof 9, D-40472 Duesseldorf, legally represented by the managing director, Sebastian Rinne, (hereinafter referred to as: "Park safe – fly DUS", "we" or "us").
Before using our website and or making use of the services offered by us, please read the following General Terms and Conditions (hereinafter referred to as: "GTC").
B. Legal relationship between the user and GVA GmbH or the service provider
I. Reservation contract
We act as an intermediary for the parking space rental services offered on the https://www.parksafe-flydus.de portal (hereinafter collectively referred to as: "services") and make the desired reservation with the service provider on your behalf. As the person making the reservation, you are our contractual partner for the reservation contract.
These GTC apply solely to the reservation contract concluded between you and us. The version valid at the time of booking is authoritative. Our obligations are limited to the reservation service. The proper fulfilment of the arranged (main) service as such is not part of the contractual obligations. Should we agree with the respective service providers on fees that deviate from your order, we will bear the resulting additional costs or retain the proceeds.
If you have the option of specifying special requests during the booking process, these will always be non-binding. We will forward these requests to the service provider, but cannot guarantee that they will be met.
II. Main Contract
The respective main contract for the parking space rental is concluded between you, as the person making the reservation, and the respective car park operator as the lessor ("service provider") (see section C II. f. below).
The contractual relationship concerning the main service is governed by the General Terms and Conditions (also: General Terms and Conditions of Hiring), which the service provider specifies and which we bring to your attention in section D below. Please read these conditions carefully, as they contain contract-relevant information (e.g. terms of payment, cancellation, liability regulations, etc.).
C. General Online Contract Terms and Conditions
I. Booking process
Via the website https://www.parksafe-flydus.de an online reservation system will be provided for parking on the site you have selected, with an indication of the parking spaces that can be booked, with details of the parking space The first name, surname, address, date and time of the desired entry and exit must be entered via the system for the parking space reservation.
Based on the selection, the customer receives an offer for the reservation of available parking facilities, stating the parking area, and the price (incl. VAT plus reservation fee).
The next step is to enter personal data (name, address, e-mail address, contact details).
Payment of the reservation is possible via PayPal. Then, the payment information is required for the selected payment method.
The code or e-mail, electronically sent by Park safe – fly DUS as part of the reservation confirmation, serves as proof of entry authorisation, which the customer shows when entering the reserved parking facility. In the case of an e-mail, it is printed out neatly on paper or, in the event it is displayed on a mobile device, this is to be done using a device with a clean and undamaged screen, or in the case of a CODE, it is to be entered into the input device. Prior to completing the booking, the customer receives an overview of his selection and the personal and payment data that was entered. To complete the booking, the customer has to take note of these General Terms and Conditions of Business and Setting, the data privacy provisions and the reference to the EU online dispute resolution platform, and the customer has to agree to their validity by ticking the box.
The booking is completed by clicking the "Book with obligation to pay" button, upon which the online form is sent.
By navigating backwards and forwards between the individual steps, the customer has the option of correcting his entries at any time before submission of the online contract form.
If you have any questions or technical problems related to the online booking, please do not hesitate to contact us by telephone at +49 (0) 211 6007303 or by e-mail at firstname.lastname@example.org or +49 (0) 211 6026903 zur Verfügung.
II. Contractual Conclusion
a. The provision of the online reservation/booking system does not constitute a legally binding offer by Park safe – fly DUS, but merely a non-binding invitation to the customer to submit an offer to us for concluding a reservation contract for a parking space.
b. By submitting the online contract form, the customer makes a binding offer to conclude a paid reservation contract for a parking space.
c. Acceptance of this offer shall be effected following a confirmation from Park safe – fly DUS which shall be issued immediately after receipt of the offer and verification of the availability of parking spaces by Park safe – fly DUS (confirmation of contract).
d. With conclusion of the reservation contract by means of the contract confirmation, Park safe – fly DUS guarantees that a parking space will be kept free by the service provider (lessor) for the customer in the parking facility specified in the contract confirmation for the purpose of concluding a rental contract in accordance with the following letters e-f.
e. The lessor shall keep a reserved parking space free for the customer for a period of 4 hours calculated from the entry time stated in the confirmation of contract (reservation time). If no entry is made into the parking facility within the reservation period, the reservation shall be deemed not to have been made. In this case, the reservation will be cancelled and the lessor will be entitled to allocate the parking space elsewhere.
f. The actual parking space rental contract (main contract) for the parking space reserved within the framework of the online reservation contract is concluded between the customer and the service provider specified in the reservation by entering the parking facility with a motor vehicle during the reservation period. The parking space rental contract is concluded at the costs stated in the contract confirmation and under the conditions set out in Section D of these General Terms and Conditions below.
III. Special conditions for rebooking / cancellation
1. Generally speaking, re-bookings and subsequent changes to the reservation are possible under the following conditions, whereby a change of the letting contract partner cannot be made with the rebooking:
1.1 A one-time rebooking can be made free of charge. The reservation fee will not be refunded. Re-bookings are possible from the time of receipt of the contract confirmation up to 24 hours before the agreed start of the parking period.
1.2 In the case of re-bookings, the newly-selected start of the parking period may be up to 12 months after the originally agreed start of the parking period.
1.3 Re-bookings to another tariff zone are possible, provided that the newly-selected parking offer has the same payment method "payment on exit") as the originally booked one.
1.4 Re-bookings with an extension or reduction of the originally-booked parking period are also possible.
In the case of re-bookings to a more expensive tariff zone or re-bookings with an extension of the originally-booked parking period, the price difference to the originally-booked parking offer will also be charged. The products that can be reserved via Park safe – fly DUS are those with the payment method "payment on exit": here you pay the parking fees directly on site (the parking fees are calculated according to your actual stay and are calculated on site according to the tariff display of the respective car park).
2. Otherwise, in the event that the customer does not use the rented parking space, a refund of the parking fees is only possible in accordance with the respective applicable legal provisions (currently: § 537 BGB - German Civil Code).
3. The right of withdrawal shall not be affected by the above provisions of this Section III and shall remain in force in accordance with the provisions of Section V.
IV. Warranty, liability
Park safe – fly DUS does not guarantee uninterrupted availability of the web presence provided and/or the internet booking engine at all times. What is more, Park safe – fly DUS is not liable for technical faults that fall within the area of responsibility of other companies (e.g. faults with access providers).
Park safe – fly DUS shall be liable for damage caused by it, its employees, its legal representatives, its vicarious agents and subcontractors which it has caused intentionally or by gross negligence, which is based on injury to life, body or health or for which the Product Liability Act provides for mandatory liability, or insofar as Park safe – fly DUS has given a guarantee.
In all other respects, Park safe – fly DUS shall only be liable in the event of slight negligence, with a breach of a material contractual obligation and only for direct and foreseeable damage. Further claims for compensation are excluded. Liability for loss of profit is excluded.
Insofar as Park safe – fly DUS operates protective software against harmful programmes such as viruses, Trojans and worms on the IT systems used by it in accordance with the contractual agreements/installations, the liability of Park safe – fly DUS for such damages caused by harmful programmes, which occur despite correct application of these protective programmes, shall be excluded. The same shall apply with regard to the Park safe – fly DUS´s responsibility for attacks via networks.
V. Cancellation Policy
If the customer was acting as a consumer within the meaning of Section 13 of the BGB (German Civil Code) when the rental contract was concluded, the reservation contract may be revoked by the customer within the scope of the statutory right of revocation in accordance with the following instructions. Consumers within the meaning of Section 13 of the BGB (German Civil Code) are natural persons who conclude the rental contract for a purpose that cannot be attributed to their commercial or independent professional activity.
Right of Revocation
You can revoke your contractual declaration (i.e., your online parking space reservation) within two weeks after conclusion of the contract (i.e., after receipt of the contract confirmation) without giving reasons. If you submit your contractual declaration within a period of less than two weeks before the desired date for the parking space rental, the period for revocation ends at the latest on the day of use of the parking space when you enter the car park. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our information obligations according to §§ 312c, 312d Par. 1, 312g Par.1, 355 BGB in conjunction with Section 246a EGBGB. To comply with the cancellation period, it suffices to send the cancellation in good time.
To exercise your right of cancellation, you must inform us by means of a clear declaration (e.g., a letter sent by post, fax or e-mail) of your decision to cancel this reservation contract. You can use the following cancellation template, which is not, however, prescribed:
Am Königshof 9
I/we (*) hereby revoke the contract concluded by me/us (*) for the reservation of a parking space:
Reserved on ______________ (insert date)/for the period ______________ (insert booking period) for the vehicle with the registration number ______________ (insert registration number)
Name of the consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
The revocation is to be sent to:
Am Königshof 9
Consequences of Revocation
In the event of an effective revocation, the services received by both parties must be returned, and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of cancellation and for us, with its receipt.
Your right of revocation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation.
End of the Cancellation Policy
VI. European Online Dispute Resolution Platform
The European Commission has set up a European online dispute resolution platform (ODR platform) at http://ec.europa.eu/consumers/odr/. A consumer can use the ODR platform for the out-of-court settlement of a dispute arising from online contracts with a company established in the EU.
GVA GmbH/ Park safe – fly DUS is not required to participate in dispute resolution proceedings before a consumer arbitration board. We prefer to resolve your concerns in a direct exchange with you. Thus, we do not participate in such dispute resolution proceedings. Please contact us directly if you have any questions or problems.
VII. Applicable law, agreement on jurisdiction, translations
1. If the customer is a consumer, the mandatory provisions of the law of the country in which the customer habitually resides shall apply.
2. Outside the scope of consumer protection standards, German law shall apply to the exclusion of the conflict of laws rules of private international law.
3. If the lessee is a merchant, the place of jurisdiction for all legal disputes, irrespective of the legal grounds, is agreed to be the registered office of GVA GmbH, i.e. Duesseldorf, unless another place of jurisdiction is prescribed by law.
4. In the event of a translation of these General Terms and Conditions, only the German version shall remain legally binding.