GENERAL TERMS AND CONDITIONS
Preamble
By using the parking facility the driver recognises the following General Terms and Conditions as binding and enters into a corresponding contract of use with Intelli-Park GmbH (“Intelli-Park”).
Manual and/or automated licence-plate recordings are performed to avoid the misuse of the parking spaces intended for parking-space tenants by long-term and incorrectly parked vehicles and to ensure proper use of the parking areas. Where in these terms only the masculine form is used, persons of all genders are equally included.
- Use of the parking facility
The use of this parking facility is limited exclusively to the temporary, non-permanent parking of vehicles that are covered by a liability insurance policy, have a number plate (Section 9 of the German Vehicle Registration Ordinance – FZV) and a valid official inspection sticker (e.g. TÜV).
- Duties and responsibilities of Intelli-Park
Intelli-Park merely provides the parking area and assumes no further obligations, in particular not the guarding or safekeeping of the parked vehicles or the assumption of any other duties of care. This contract does not give rise to any entitlement to the provision of a specific parking space or a parking space that is available at all times. This contract commences upon entry into the parking facility and ends upon exiting it. Monitoring of compliance with these General Terms and Conditions is effected by automated recording upon entry and exit, by automated recording of parking areas or zones and/or by authorised persons on the parking facility. The details of the licence-plate capture in determining the period of use, entitlement to use, parking charge as well as a vehicle owner enquiry can be found in the separate privacy policy; this does not result in any additional contractual obligations. Where indicated accordingly, a parking disk with the arrival time correctly set and/or a valid parking permit, , e.g. disabled, tenant, employee or membership card or similar, must be displayed visibly in the vehicle.
- Traffic regulations at the parking facility
The provisions of the Road Traffic Regulations (StVO) apply accordingly, unless this contract stipulates otherwise. Automatic traffic guidance – where available – must be observed, as must the traffic and information signs displayed. Instructions given by on-site Intelli-Park personnel must be observed.
- OBLIGATIONS OF THE DRIVER
The driver undertakes to, where indicated by signs:
I. display a parking disk clearly visible behind the windscreen in the vehicle or in another suitable place and to set the actual time of arrival correctly,
II. display a valid parking permit clearly visible behind the windscreen in the vehicle or in another suitable place,
III. not exceed the permitted maximum parking duration including any additionally acquired parking time,
The driver undertakes to:
IV. use the parking facility exclusively for its intended purpose and in particular not to use it for through-traffic, shortcuts, repairs or maintenance work, tyre changes or other activities not intended for this purpose.
The driver undertakes to only park the vehicle:
V. during the published opening hours of the parking facility,
VI. on the areas respectively marked for the parking of vehicles; parking in loading zones, traffic lanes, access or fire-service access ways as well as on other specially marked or blocked areas is not permitted. Where no visible parking markings are present the vehicle must be parked in such a way that other users are not obstructed or endangered to more than a minor extent.
The driver undertakes not to park the vehicle on:
VII. spaces reserved for employees or other authorised parkers unless the driver is himself entitled to do this,
VIII. areas marked as “women’s parking spaces” without being authorised to do so,
IX. a parking space marked as “reserved for electrically operated vehicles” unless it is an electrically operated vehicle as defined by the German Electromobility Act (EmoG). Parking without actively charging is also not permitted for electrically powered vehicles as defined by the Electric Mobility Act (EmoG). Any additional special signage must be observed,
X. and parking in spaces marked as “disabled parking” is prohibited without authorisation and/or without a valid parking permit being clearly visible behind the windshield in the vehicle or in another suitable location.
- CONTRACTUAL PENALTIES
The driver shall owe Intelli-Park a contractual penalty if he:
I. contrary to clause 4.I. does not display the prescribed parking disk in such a way that it is clearly visible in the vehicle or does not set the actual time of arrival correctly, insofar as this is required by the signage,
II. contrary to clause 4.II. does not display or attach the prescribed proof of parking entitlement in such a way that is clearly visible in the vehicle, insofar as this is required by the signage,
III. contrary to Section 4.III. exceeds the maximum permitted parking time, including any additional parking time purchased; in this case, in addition to the contractual penalty, the parking fee incurred for the duration of the excess parking time must also be paid,
IV. contrary to Section 4.IV. uses the parking facility for purposes other than those intended, for instance for transit, shortcuts, repair or maintenance work, tyre changes or other activities that do not serve the intended purpose of the area,
V. contrary to clause 4.V. parks the vehicle outside the announced opening hours of the parking facility, unless otherwise authorised,
VI. contrary to clause 4.VI. parks the vehicle outside the marked parking areas, in loading zones, traffic lanes, access or fire-service access ways or on other blocked or specially marked areas, or — if no markings are present — parks the vehicle in such a way that other users are more than only slightly obstructed or endangered,
VII. contrary to clause 4.VII. parks the vehicle in a parking space reserved for employees or other authorised users unless authorised to do so,
VIII. contrary to clause 4.VIII. parks the vehicle in spaces marked as “Women’s Parking” unless authorised to do so,
IX. contrary to clause 4.IX. parks the vehicle in a parking space marked as “reserved for electrically operated vehicles” although it not an electrically operated vehicle as defined by the German Electromobility Act (EmoG) or is not actively being charged.
X. contrary to clause 4.X. parks the vehicle in a parking space marked as a “disabled parking space” unless authorised to do so or without displaying proof of a valid permit visibly in the vehicle,
XI. leaves the vehicle on the parking facility parked overnight without the corresponding permit.
XII. The amount of the contractual penalty forfeited in each case is specified on the information sign.
XIII. If a breach of the parking obligations under Section 4 continues for longer than one calendar day, each day that has commenced shall be deemed to be a new breach. The contractual penalty shall then be payable again for each day that has commenced, up to a maximum of ten times the single penalty.
XIV. In the case of vehicles with foreign number plates, an additional administrative fee shall be charged due to the increased difficulty in identifying the owner and enforcing the penalty. The amount of this charge is limited to a maximum of one contractual penalty.
XV. The contractual penalty shall be waived if the driver is not responsible for the violation.
- Identification of the owner
In the event of a violation of one or more of the obligations in accordance with Section 5, Intelli-Park is entitled to have an owner query performed by an external service provider. The costs incurred as a result, including fees for the identification of the owner and postage/dispatch costs, may be charged by Intelli-Park to the owner of the vehicle. Alternatively, Intelli-Park may apply a flat administrative processing fee of €7.90.
- Removal of the vehicle
In the event of a violation of the terms of use, Intelli-Park is entitled to have the vehicle removed from the parking area at the driver’s expense and risk. This applies in particular if:
I. the vehicle does not display a recognisable official registration plate,
II. there is a leaking fuel system or other defects that could endanger the operation of the parking area or lead to contamination or harmful changes to the ground,
III. the vehicle is parked contrary to the terms of use, in a manner that causes an obstruction, or in reserved parking spaces, in particular without a verifiable parking permit.
This does not lead to an obligation on the part of Intelli-Park to tow the vehicle. In any event, the driver remains responsible for any risks or dangers posed by his vehicle.
- LIABILITY
For the duration of this contract, Intelli-Park is liable only for damages demonstrably caused by breaches of duties by Intelli-Park, its employees, or agents. Intelli-Park shall therefore not be liable for damage caused solely by natural events, other drivers or third parties, and in particular as a result of theft or damage to the vehicle. Unless otherwise stipulated, Intelli-Park’s shall only be liable for breaches of duty shall be limited to cases of intent or gross negligence. In cases of ordinary negligence, Intelli-Park shall only be liable for personal injury (loss of life, physical injury, or health impairment) or breaches of essential contractual obligations, the fulfilment of which enables the proper execution of the contract and upon which the driver relies and may rely.
- REPORTING OF DAMAGE
The driver shall undertake to report obvious damage to Intelli-Park in writing or by e-mail within 14 days. If the driver fails to comply with this reporting obligation, all claims for damages on the part of the driver against Intelli-Park are excluded unless the driver is not responsible for the violation. This exclusion of liability shall not apply if the driver has suffered personal injury or if Intelli-Park caused the damage through gross negligence or intent in the case.
- MISCELLANEOUS
The above conditions shall apply regardless of whether Intelli-Park’s liability is based on the contract or another legal basis.
- Severability clause
If a regulation of these terms and conditions should be or become ineffective or impossible to enforce then this shall not affect the effectiveness or enforceability of the remaining provisions of these terms and conditions. The parties undertake to agree upon a valid and enforceable provision which, in economic terms, comes as close as possible to the apparent intention of the parties. The same applies to potential loopholes in these provisions.
- Place of jurisdiction
If the user of the parking facility is an entrepreneur, the place of jurisdiction for all legal disputes arising from or in connection with these terms and conditions or their existence shall be Hamburg, unless mandatory legal provisions prescribe a different place of jurisdiction.
- Accessibility of the General Terms and Conditions
These General Terms and Conditions are available digitally on our website at www.intelli-park.de and may be viewed there in several languages. However, in the event of any contradictions, only the German version shall be authoritative.
