These General Terms and Conditions apply to all offers, services and contracts of Park4Fly-Hamburg (hereinafter referred to as Park4Fly-Hamburg) in connection with the provision of parking services against payment and the provision of services on parked motor vehicles. Park4Fly-Hamburg does not recognise any conditions of the customer which contradict or reject these GTC, unless Park4Fly-Hamburg has expressly agreed to their effect in writing. The unconditional performance of services by Park4Fly-Hamburg does not correspond to any consent to conflicting terms and conditions.
Parking services are the paid safekeeping of vehicles on suitable rented parking spaces (park-and-fly).
The provision of services on parked vehicles is limited to the performance of vehicle maintenance.
The customer can order Park4Fly-Hamburg by telephone, fax, e-mail, post or via the Park4Fly-Hamburg website. However, a contract with Park4Fly-Hamburg is only concluded if Park4Fly-Hamburg accepts the customer's order. The order confirmation of Park4Fly-Hamburg corresponds to the acceptance of the order. The actual acceptance of a customer vehicle by Park4Fly-Hamburg replaces an order confirmation. Prerequisite for every effective contract conclusion between for parking services and services on parked vehicles and their customers is that the customer accepts these general terms and conditions.
As far as the customer placing the order is not identical with the vehicle owner or the person delivering the vehicle, the customer is still liable as a contractual partner of Park4Fly-Hamburg for the fulfilment of a contractual obligation. As far as legally permissible, the customer is also jointly and severally liable for damages in addition to the vehicle owner or a third party.
The customer shall hand over the vehicle to be parked together with a Park4Fly-Hamburg vehicle key at the agreed time at a named parking space at Hamburg Airport or directly at the business location of Park4Fly-Hamburg or directly at the parking area operated by Park4Fly-Hamburg.
If the vehicle is accepted at Park4Fly-Hamburg's place of business or the parking area, Park4Fly-Hamburg guarantees the prompt transfer of the customer and up to 3 co-drivers together with the usual luggage to be stored in an average boot from there to the airport. There is no right to drive the customer to the airport immediately after handing over the vehicle. Park4Fly-Hamburg assumes no liability for the customer arriving at the airport at a certain time. The customer must allow sufficient time for the necessary transfer when planning the trip.
Park4Fly-Hamburg inspects the vehicle upon acceptance and prepares written documentation from which in particular the degree of soiling of the vehicle, its visible damage and other special features result. Park4Fly-Hamburg is entitled to photograph the condition of the vehicle upon delivery. The documentation makes no claim to a complete recording of all damages already existing at the time of handover of the vehicle. This is particularly the case if the determination of damage to the vehicle is not possible or only possible to a limited extent, such as in rain, darkness or heavy vehicle pollution. If possible, the inspection of the vehicle should take place in the company of the customer or the person handing over the vehicle, who also signs the documentation. Any valuables in the vehicle shall be recorded in writing and countersigned by the customer or the person handing over the vehicle, as far as this is apparent.
Park4Fly-Hamburg will take the customer's vehicle and a vehicle key into custody for a fee for the agreed duration. The vehicle is kept in suitable parking areas. The transfer of the vehicle from the acceptance meeting point at Hamburg Airport to the suitable parking area is carried out by trained Park4Fly-Hamburg employees in accordance with the applicable rules of the road traffic regulations. The customer must inform Park4Fly-Hamburg prior to the start of the transfer journey of any special deviations and characteristics of his vehicle, such as spoilers, lowering, special driving behaviour and/or a particular tendency to damage. Park4Fly-Hamburg can refuse to accept vehicles that do not comply with the road traffic regulations; this also applies in particular to vehicles where oil and/or liquid losses can be ascertained. The customer is liable for oil and liquid losses of the parked vehicle, unless these losses are due to culpable behaviour of Park4Fly-Hamburg. The customer is not entitled to any interruptions of the service.
Park4Fly-Hamburg may refuse to accept vehicles which do not comply with the road traffic regulations; this also applies in particular to vehicles in which oil and/or liquid losses can be ascertained. The customer is liable for oil and liquid losses of the parked vehicle, unless these losses are due to culpable behaviour of Park4Fly-Hamburg. The customer is not entitled to have his vehicle parked in a specific parking area.
Even if the customer delivers his vehicle directly to the Park4Fly-Hamburg business location or car park, the delivery includes the vehicle key. Park4Fly-Hamburg reserves the right to move the customer's vehicle on the car park according to the current business operations while maintaining the necessary care, as far as this should be necessary.
If the customer delivers the vehicle directly to Park4Fly-Hamburg's place of business or car park, he is obliged to comply with the traffic regulations there. Only walking pace is allowed on the premises. The instructions of the employees of Park4Fly-Hamburg must be followed, if necessary the vehicle must be parked on a specific parking lot according to the specifications of Park4Fly-Hamburg. Vehicles may only be parked on marked parking spaces. There is no entitlement to a specific parking space. The stay at the Park4Fly-Hamburg car park is only permitted for the purpose of returning or picking up the vehicle as well as loading and unloading it and during the waiting period for the shuttle transfer.
5 The obligation to keep the vehicle ends with the end of the day agreed by the parties. The maximum period of time for the vehicle to be parked is 3 months. A parking period exceeding this requires a separate agreement; in this case Park4Fly-Hamburg is entitled to demand payment in the amount of the period exceeding the three-month period. If the vehicle is not collected by the customer after expiry of the agreed parking period, the rental and safekeeping relationship shall not be tacitly extended for an indefinite period (exclusion of the statutory fiction of § 545BGB). In this case, Park4Fly-Hamburg can - without prejudice to further possible claims - demand compensation for use in the amount of the fee for the duration until the vehicle is collected, which could be demanded for a corresponding rental and storage period on the basis of the fee agreed for the parking period.
The customer shall inform Park4Fly-Hamburg of his travel data before concluding the contract; this includes the arrival time for handing over the vehicle and the expected landing time for the return of the customer. The customer informs Park4Fly-Hamburg of the airline and flight number booked by him. He is obliged to inform Park4Fly-Hamburg of any subsequent changes to his travel data in good time, at the latest, however, one hour before the travel data he has informed Park4Fly-Hamburg of. The customer shall be liable for any additional expenditure incurred as a result of his culpable failure to notify Park4Fly-Hamburg in good time of any changes to his travel data; in this case, Park4Fly-Hamburg shall be entitled to charge an expense allowance in accordance with the applicable price list for the additional expenditure.
If the customer wishes to collect his vehicle before the end of the agreed parking period, Park4Fly-Hamburg must be informed of this at least 24 hours before the originally agreed pick-up time. If Park4Fly-Hamburg is informed less than 24 hours prior to the originally agreed pick-up time, Park4Fly-Hamburg cannot guarantee that the vehicle will be made available on time; Park4Fly-Hamburg is not liable for the expenditure of time and its consequences, which results from the fact that the person collecting the vehicle wants to pick it up before the agreed pick-up time. A proportionate reduction of the agreed remuneration does not take place in the event of premature collection of the vehicle.
The customer will inform Park4Fly-Hamburg about the change of his travel data via the following telephone number 0176/5588000.
Park4Fly-Hamburg will receive the customer at the airport on his return and will then return the vehicle to the customer at the airport or transfer the customer to the Park4Fly-Hamburg office or car park to return the vehicle there.
6. the return of the vehicle and the vehicle key takes place upon presentation of the collection slip handed over to the customer upon acceptance of the vehicle. Park4Fly-Hamburg is not liable for the expenditure of time and its consequences, which results from the fact that the person collecting the vehicle cannot present the collection slip. The costs of the failed handover and further safekeeping of the vehicle in this case shall be borne by the customer analogously to the exceeding of the time limit.
The person collecting the vehicle is obliged to inspect the vehicle upon collection. Damage to the vehicle must be reported by him immediately. Park4Fly-Hamburg will record the complaint of the person collecting the vehicle and note it in the documents. The acceptance of the complaint is not an acknowledgement by Park4Fly-Hamburg to be responsible for the notified defect.
In addition to the rental and custody contract, the customer may commission selected services to be carried out by Park4Fly-Hamburg on the vehicle during the rental and custody period. These are services such as vehicle interior cleaning, vehicle exterior cleaning, vehicle reconditioning, windscreen repair service. The scope of these services and the remuneration to be paid for them is determined by the current offer of Park4Fly-Hamburg. The customer can order these additional services at the latest when the vehicle is handed over to Park4Fly-Hamburg.
The agreed remuneration will be invoiced to the customer upon acceptance of the vehicle and is to be paid by the customer immediately and without deduction. The remuneration can be paid in cash or by EC/credit card/paypal; the employee of Park4Fly-Hamburg who accepts the vehicle is entitled to collect.
Park4Fly-Hamburg is entitled to a right of retention and a statutory lien on the customer's parked vehicle because of its claim from the rental and custody contract. The customer may not offset the claims of Park4Fly-Hamburg against counterclaims or exercise a right of retention, unless the counterclaim of the customer is undisputed, expressly recognized by Park4Fly-Hamburg or legally established.
The customer can withdraw from the contract up to the beginning of the agreed acceptance time of the vehicle in writing, by fax or by e-mail. If the withdrawal occurs up to 24 hours before the beginning of the date on which the acceptance of the vehicle is to take place, the withdrawal is free of charge for the customer. If the withdrawal occurs later, the customer must pay Park4Fly-Hamburg a cancellation fee of 50% of the agreed fee or damages. The customer has the right to prove that Park4Fly-Hamburg has suffered no damage or less damage than the required cancellation fee. The maximum amount of compensation shall be the agreed fee. Statutory rights of withdrawal and termination of the parties remain unaffected by the above regulations.
11 Park4Fly-Hamburg is liable according to the legal regulations for damages which are based on intent or gross negligence of Park4Fly-Hamburg or its representatives or vicarious agents. Liability due to culpable injury to life, body or health remains unaffected by this; this also applies to mandatory facts according to the product liability law, legal liability facts independent of fault and claims of the customer which have already arisen before conclusion of the contract. Vandalism, theft of vehicles, vehicle parts and damage to property by third parties as well as damage caused by force majeure, internal and external unrest, elementary forces of nature and war events are not insured. Park4Fly-Hamburg is only liable for the loss of objects from the inside of the vehicle and in the boot if these objects were noted on the handover protocol at the time of handover. A liability for valuables, which do not belong to the regular vehicle equipment, is excluded.
12. the customer is liable independently of a fault for all damages, which are caused as a result of technical defects by the vehicle delivered by him, as far as these defects are not to be represented by Park4Fly Hamburg. In the event that Park4Fly-Hamburg has suffered a loss, the customer hereby assigns in advance to Park4Fly-Hamburg his claims against third parties or insurance companies arising from a loss for which he is responsible or due to a technical defect in the vehicle. Park4Fly-Hamburg accepts the assignment.
13. should the vehicle not start because of technical defect, it is basically the responsibility of the customer to take appropriate measures. Park4Fly-Hamburg can bridge a vehicle that does not start because of an empty or weak battery; a guarantee for the subsequent functionality of the vehicle is not given. Should the vehicle not start at the return, Park4Fly-Hamburg is not liable for the resulting costs, especially not for return and accommodation costs. Park4Fly-Hamburg accepts no liability for technical or mechanical defects in the vehicle after the vehicle has been handed over to Park4Fly-Hamburg and before the vehicle has been returned to the customer for which Park4Fly-Hamburg is not responsible.
14 German law applies exclusively. Place of performance is the registered office of Park4Fly-Hamburg, unless another place of performance has been expressly agreed. Place of jurisdiction is, as far as permissible, Hamburg. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining clauses. The invalid provision shall be replaced by a valid provision which comes as close as possible to the actual, legal and economic sense.
Hamburg, July 2018, Park4Fly-Hamburg Service GmbH