Terms and conditions of service of the company ParkCheap IT System GmbH

Domain

The following general terms and conditions apply to all legal transactions between the service company ParkCheap IT System GmbH - hereinafter referred to as service provider - with its contractual partner - hereinafter referred to as customer.

Insofar as individual contractual regulations exist that deviate from or contradict the provisions of the GTC, the individual contractual regulations take precedence.

Subject of the contract

Parking spaces

The service provider arranges parking spaces from partner companies.

As long as the service provider arranges parking spaces from a partner company, the service provider only has the legal status of an intermediary. The actual contract is then concluded between the customer and the partner company. The service is then provided by the partner company. In this case, the service provider is only liable as an intermediary.

Accommodations

The service provider arranges accommodation in hotels or other types of accommodations. The corresponding partner companies are displayed and offered on the service provider's internet portal. The customer can freely choose between the individual hosted establishments. The service provider arranged the appropriate accommodation. The contract is concluded between the partner company of the service provider and the customer. The service provider only acts as an intermediary.

Conclusion of contract

Parking spaces

When arranging parking spaces from partner companies, the contract can be made verbally, by telephone, in writing or by e-mail via the Internet portal of the service provider.

If the contract is made verbally, by telephone, in writing or by e-mail, the contract is concluded as follows:

The customer shall submit to the service provider either verbally, in writing or by email an offer to enter into a mediation agreement. If the service provider confirms the customer's offer verbally or by telephone, the mediation contract is deemed to be concluded immediately. If the service provider confirms the customer's offer in writing or by e-mail, the mediation order is deemed to be closed upon receipt of the corresponding confirmation via the various communication channels.

In the case of contracts for the mediation of parking spaces that have been concluded outside of business premises, the customer, insofar as he is a consumer, has a corresponding right of revocation in accordance with the statutory provisions. The service provider expressly refers to the link on his Internet portal about the instruction on the right of withdrawal.

The customer can find out about the booking process via the service provider's online portal. If the customer decides to commission the service provider as an intermediary, his data is recorded using a form that is available in digital form on the service provider's internet portal. The customer can choose the language in which to fill out the form. The customer's data is stored on the service provider's server. The customer is informed about the storage of his data in accordance with the General Data Protection Regulation and the Data Protection Act. He will also be shown how to view the data accordingly. By pressing the button of the payment method provided by PayPal, "PayPal", "Debit or Credit Card", "SEPA Direct Debit", "Giropay" or "Sofort", the customer makes a corresponding binding offer to provide a parking space with a partner company of the service provider. The customer will then be informed immediately by electronic means of the receipt of his booking and brokerage order. The service provider will confirm the booking and placement order in the same way. The contract between the partner company and the customer is only concluded when the service provider confirms the order.

If the booking confirmation is made via the internet portal immediately after pressing the button for the payment method provided by PayPal, "PayPal", "Debit or Credit Card", "SEPA Direct Debit", "giropay" or "Sofort", and the booking and rental order placed thereby by immediately displaying this booking confirmation on the customer's screen, the contract with the service provider is concluded with access and display of this booking confirmation on the customer's screen, without the need for an interim notification of the receipt of his booking. In this case, the customer is offered the option to save and print out the booking confirmation. The binding nature of the contract with the respective service provider does not, however, depend on the customer using these options for saving or printing. The service provider will also send the customer a copy of the booking confirmation by e-mail or an e-mail attachment. Transmission by post is only reserved for special cases that are determined by the service provider.

The service points out that there is no right of withdrawal under the statutory provisions for contracts for passenger transport, which were concluded at a distance, but only the legal withdrawal and termination rights. However, there is a right of withdrawal if the contract was concluded outside of business premises, unless the verbal negotiations on which the contract was concluded were based on a previous order by the consumer; in the latter case there is also no right of withdrawal.

In the case of contracts between the service provider and the customer in which the service provider rents its own parking spaces, the customer, insofar as the consumer is, has a right of withdrawal in accordance with the statutory provisions. The service provider expressly refers to the link on his Internet portal about the instruction on the right of withdrawal.

When the contract is brokered with the service provider, its terms and conditions apply to the rental of the parking space. These can be called up on the respective page of the parking lot on the service provider's internet portal.

Accommodations

When arranging hotels or other accommodation establishments, the contract can be made verbally, by telephone, in writing or by email via the service provider's internet portal.

If the contract is made verbally, by telephone, in writing or by e-mail, the contract is concluded as follows:

The customer shall submit to the service provider either verbally, in writing or by email an offer to enter into a mediation agreement. If the service provider confirms the customer's offer verbally or by telephone, the mediation contract is deemed to be concluded immediately. If the service provider confirms the customer's offer in writing or by e-mail, the mediation order is deemed to be closed upon receipt of the corresponding confirmation via the various communication channels.

In the case of contracts for the mediation of hotel or other accommodation that have been concluded outside of business premises, the customer, insofar as he is a consumer, has a corresponding right of withdrawal in accordance with the statutory provisions. The service provider expressly refers to the link on his Internet portal about the instruction on the right of withdrawal.

The customer can find out about the booking process via the service provider's online portal. If the customer decides to commission the service provider as an intermediary, his data is recorded using a form that is available in digital form on the service provider's internet portal. The customer can choose the language in which to fill out the form. The customer's data is stored on the service provider's server. The customer is informed about the storage of his data in accordance with the General Data Protection Regulation and the Data Protection Act. He will also be shown how to view the data accordingly. By pressing the button of the payment method provided by PayPal, "PayPal", "Debit or Credit Card", "SEPA Direct Debit", "Giropay" or "Sofort", the customer makes a corresponding binding offer to provide a parking space with a partner company of the service provider. The customer will then be informed immediately by electronic means of the receipt of his booking and brokerage order. The service provider will confirm the booking and placement order in the same way. The contract between the partner company and the customer is only concluded when the service provider confirms the order.

If the booking confirmation is made via the internet portal immediately after pressing the button for the payment method provided by PayPal, "PayPal", "Debit or credit card", "SEPA direct debit", "giropay" or "Sofort", and the booking and rental order placed thereby by immediately displaying this booking confirmation on the customer's screen, the contract with the service provider is concluded with access and display of this booking confirmation on the customer's screen, without the need for an interim notification of the receipt of his booking. In this case, the customer is offered the option to save and print out the booking confirmation. The binding nature of the contract with the respective parking space provider does not, however, depend on the customer using these options for storage or printing. The service provider will also send the customer a copy of the booking confirmation by e-mail or an e-mail attachment. Transmission by post is only reserved for special cases that are determined by the service provider.

The subject of the contract or the exact title of the task is described in the written order.

Contract duration, withdrawal and termination

The contract between the service provider and the customer or between the partner company of the service provider and the customer begins and ends at the individually agreed time.

The service provider grants the customer a contractual right of withdrawal when arranging parking space. The right of withdrawal can be exercised in writing, by internet, by telephone or in person. The decisive factor for the effective date of the withdrawal is the receipt of the declaration by the service provider, whereby the usual opening times, which can be seen on the service provider's internet portal, must be observed. If there is a cancellation before the start of the contract, the service provider is entitled to demand the following lump-sum compensation:

• Up to 24 hours before the time of rental: free of charge
• Less than 24 hours before the time of rental: 50% of the agreed costs for the parking space

The service provider grants the customer a contractual right of withdrawal when arranging hotel or other accommodation providers. The right of withdrawal can be exercised in writing, by internet, by telephone or in person. The decisive factor for the effective date of the withdrawal is the receipt of the declaration by the service provider, whereby the usual opening times, which can be seen on the service provider's internet portal, must be observed. If there is a cancellation before the start of the contract, the service provider is entitled to demand the following lump-sum compensation:

• Up to five days before the booked arrival date: free of charge
• From the fourth day up to 24 hours before the booked arrival day: 15 percent of the booked services
• From 24 hours before the booked arrival time: 50% of the booked service

The service provider grants the customer a contractual right of withdrawal when arranging car wash or car care services. The right of withdrawal can be exercised in writing, by internet, by telephone or in person. The decisive factor for the effective date of the withdrawal is the receipt of the declaration by the service provider, whereby the usual opening times, which can be seen on the service provider's internet portal, must be observed. If there is a cancellation before the start of the contract, the service provider is entitled to demand the following lump-sum compensation:

• Up to 2 days before the booked service: free of charge
• From 24 hours before the booked arrival time: 25% of the booked service

Termination without notice for an important reason is possible. An important reason is, for example, if the respective services cannot be used due to proven illness-related problems.

Scope of services, obligations of the contractual partners

If the customer has complaints or other claims against the respective mediated company, the service provider will provide all information and documents on the booked services on first request, as long as they are of importance to the customer.

The service provider is not obliged to accept complaints or other assertion of further claims and / or to forward them to the provider. To clarify, it is again explained here that the contractual partner of the customer is the respective partner company of the service provider. The service provider therefore only acts as an intermediary.

If the service provider is actually unable to perform the contractually owed order, he must inform the customer immediately.

The parties endeavor to the best of their knowledge and belief to support the contractual partner in fulfilling the respective obligation by providing information, advice or experience in order to ensure a smooth and efficient workflow for both parties.

Each of the contractual partners can request changes to the agreed scope of services to the other contractual partner in writing. After receiving a change request, the recipient will check whether and under what conditions the change can be carried out and inform the applicant of the approval or rejection immediately in text form and, if necessary, give reasons. If the customer's request for a change requires an extensive review, the service provider can charge the cost of the review with prior notice, provided the customer nevertheless insists on the request for change being reviewed.

If necessary, the contractual adjustments of the agreed conditions and services required for a review and / or a change are set out in writing in an amendment agreement and come about in accordance with these general terms and conditions.

Prices and terms of payment

Services are calculated and payable at the listed in the individual contract fixed price after termination or amount of the payment on a time and materials basis, unless another invoicing is not in the contract. The service provider acts as a debt collection service provider for his contracting companies and forwards the monies paid by the customer to the contracting companies. The corresponding prices and conditions will be communicated when booking, but no later than in the booking confirmation.

The sales tax will be invoiced at the sales tax rate applicable at the time of the service.

Invoices are payable on receipt without deduction. The respective services are balanced with payment services via the internet portal. If the customer receives a return debit, the service provider expressly reserves the right to refuse the service and / or to claim the lost profit. The costs for the return debit are to be borne by the customer.

Liability

The service provider is liable from the agency contract in cases of willful intent or gross negligence in accordance with the statutory provisions. The liability for guarantees is independent of fault. The service provider is only liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health, or for breach of essential contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless liability is due to injury to life, body or health. The service provider is liable to the same extent for the fault of vicarious agents and representatives.

As long as the service provider has not made a contractual obligation or a contractual assurance to the customer, he is not liable for the conclusion of the contract between the customer and the respective provider to be mediated.

The service provider is not liable for the provision of services, for service failures, for defects in the service and also not for personal injury or property damage that has arisen on the contract between the customer and the partner company of the service provider. Excluded from this are the services that have become causal or contributory due to contractual or legal obligations by the service provider.

Place of jurisdiction

German law applies exclusively to the business relationship between the parties.

If the customer is an entrepreneur, the agreed place of jurisdiction is Wesseling.

If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the service provider.

Other provisions

The service provider does not participate in a voluntary consumer dispute settlement in accordance with the law on consumer dispute settlement.