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General Terms and Conditions for the use of parking spaces on the premises of Düsseldorf Airport

Preamble:

When using the signposted parking areas on the premises of Düsseldorf Airport (with the exception of individual parking spaces and company car parks in the Airport City) these GTC are considered to have been stipulated by

Flughafen Düsseldorf GmbH
Flughafenstr. 105
40474 Düsseldorf
Phone: 0211/421-0
Fax: 0211/421-6666

represented by Managing Director Thomas Schnalke (Chairman of the Management Board), Michael Hanné and Lars Mosdorf.

which becomes the sole contracting party of the respective parking customer/lessee when using these other parking areas.

The parking space provider is uniformly referred to hereinafter as "Lessor".

The parking space booking system and the use of the services offered by the Lessor are subject to the following provisions. The version which is valid at the time of the booking in question shall be decisive.

These GTC can be accessed and stored upon concluding the contract via the parking space booking system and at any time at https://www.dus.com/en/parking/information.

These GTC are structured as follows: Section A. describes the general conditions of online contracts for booking parking spaces via the online booking system. Section B. contains the General Conditions for the Use of Parking Facilities, including the terms of the rental contract. Section C. contains the General Terms of Use. Section D. additionally regulates Special Conditions for the reservation of parking spaces.


A. General Conditions of Online Contracts

I. Booking process

  1. An online booking system for the use of parking spaces on the premises of Düsseldorf Airport is provided via the website www.dus.com. The system can be used to enter the date and time of the desired entrance and exit as well as optionally a discount code and the reason for the journey.
  2. According to the selection made, the customer receives an offer for available parking spaces, indicating the parking area, the distance to the terminal (approximate indication) and the price (including VAT plus any reservation fee).
  3. The customer can proceed with the booking as a previously registered customer or as a new customer. As a new customer, the next step is to enter the personal data (name, address, e-mail address, contact details). New customers have the option here to create a new customer account by specifying a user name and a password. If the booking is made as a previously registered and logged in customer, the personal information from the customer account will be transferred to the booking form.
  4. Payment of the booking is possible by direct debit/debit card (only from German bank accounts) or credit card. The specification of the payment information corresponding to the selected payment method is required. For payment by direct debit/ debit card, the customer issues a direct debit to Flughafen Düsseldorf GmbH (direct debit authorisation).
  5. The specified means of payment serves as proof of entry authorisation (debit card or credit card as "entry ticket"). The customer has the option of specifying a deviating entry ticket.
  6. Before completing the booking, the customer receives an overview of their selection and the personal data and payment data they have entered. To complete the booking, it is necessary for the customer to acknowledge these General Terms and Conditions and Conditions for the Use of Parking Facilities, the Privacy Policy, and the notice on the EU's online dispute resolution platform, and to consent to their validity by ticking a box.
  7. The booking is completed upon submitting the online form by clicking the "Reserve Now" button.
  8. The customer has the opportunity to correct their entries at any time until the online contract form is sent by navigating backwards and forwards between the individual steps.

    More information about online parking space booking can be found here and in the "FAQ" (frequently asked questions) section at https://www.dus.com/en-us/faq.

    For questions and technical problems in connection with the online booking, please contact us by phone at +49 (0) 211 421 - 25 500.

II. Conclusion of the Contract

  1. The provision of the online booking system does not constitute a legally binding offer of the Lessor, but only a non-binding invitation to the customer to make an offer for the conclusion of a reservation or parking space rental contract to the Lessor.
  2. By submitting the online contract form, the customer is making a binding offer for the conclusion of a parking space rental contract.
  3. The offer is accepted by a confirmation of the Lessor, which takes place immediately after the offer is submitted (contract confirmation). The confirmation is sent electronically to the e-mail address provided by the customer. The confirmation e-mail contains information regarding your booking as well as an invoice. Important: The customer undertakes to check their inbox, including any spam mailboxes, to verify receipt of the confirmation. If the customer has not received the confirmation, they shall immediately contact the above contact details.
  4. Upon acceptance of the offer, a rental contract is concluded between the customer and the Lessor with the contents of and in accordance with these conditions.

B. General Conditions for the Use of Parking Facilities

The following General Conditions for the Use of Parking Facilities apply to the online parking space booking (see section A. above).

I. Rental contract

  1.  Upon conclusion of the parking space rental contract by the contract confirmation, the Lessor is obligated to make a parking space available for use by the lessee in the parking facility specified in the contract confirmation, for the period (rental period) specified in the contract confirmation, in return for payment of the rental fee (parking fees) specified in the contract confirmation. During the rental period, the lessee is entitled to enter and exit the parking facility one time (no long-term rental contract). There shall be no entitlement to a specific parking space in the parking facility specified in the contract confirmation.
  2. The surveillance, monitoring, safekeeping and granting of insurance coverage are not the subject of the rental contract. Even if staff is present in the parking facility or the parking area is monitored using cameras (CCTV), this is not associated with any assumption of care or liability, in particular for theft or damage by other lessees or other third parties. In the case of video surveillance, the controller within the meaning of Article 4 (7) GDPR is the Lessor (see Preamble for name and address).
  3. The lessee is obligated to report obvious damage to the staff that is responsible for the parking facility and, is to be contacted via the emergency call function if necessary before leaving the parking facility, giving the latter the opportunity to inspect the vehicle. If this is not possible or unreasonable for the lessee in exceptional cases, the report must be made in writing to the Lessor at the latest 14 days after the loss event at the address given in the Preamble. In the case of non-obvious damage, the report must be made in writing within 14 days after discovery of the damage (exclusion deadlines).
  4. If the lessee breaches the obligation to notify in accordance with the preceding paragraph, all claims for damages by the lessee against the Lessor are excluded, unless the lessee is not responsible for the breach. This exclusion of liability does not apply if the lessee has suffered personal injury or if the Lessor has caused the damage through gross negligence or intent.

II. Rental fee/parking and reservation fee

  1. The rental fee ("parking fee") is determined according to the length of stay between entry and exit of a vehicle into or out of the parking facility ("rental period") or the rental period stated in the contract confirmation. The parking fee is payable according to the applicable price list at the time of entry of the vehicle that is posted on site or in accordance with the contract confirmation.
  2. The parking fee shown in the booking form must be paid immediately by credit card or electronic direct debit for products using the payment method "Advance Payment". In the event that the customer does not use the rented parking space, a refund of parking fees is only possible in accordance with the applicable statutory provisions (currently: Section 537 of the German Civil Code (BGB)) and is otherwise excluded. A refund of parking fees is excluded if the customer drives their vehicle out of the parking facility before the end of the rental period specified in the contract confirmation.
  3. For products with the payment method "Payment at pay machine", the parking fee must be paid before exiting at the pay station using the parking ticket received at the entry. If a barcode is used for entry, any credit or debit card may be used. If the customer has used an entry ticket (parking ticket) for entry (cf. section B. VI., points 1 and 2 below), the parking fee must be paid before exiting at the automated pay station or by presenting the entry card to the parking service centre on site.
  4. For paid reservations, the reservation fee shown on the reservation/ booking form must be paid immediately upon booking/ reservation by credit card or electronic direct debit.
  5. A refund of the reservation fee is excluded, especially in the event that the customer does not use the reservation or the parking space or does not drive their vehicle into the parking facility within the reservation/rental period.

III. Parking duration, maximum parking time, termination, use fee

  1. The contract shall terminate when the rental period expires, unless the contract is cancelled beforehand with immediate effect or unless expressly agreed otherwise. During the rental period, the ordinary termination of the rental contracts is excluded.
  2. The maximum parking duration is 6 weeks. After the end of the contract or after expiry of the maximum parking period, the lessee is obligated to immediately remove the parked vehicle from the parking facility and to pay any unpaid parking fees. If the lessee fails to fulfil their obligation to remove the vehicle, the Lessor is entitled to remove the lessee's vehicle from the parking facility after prior written request, subject to the extension of a reasonable deadline and threat of removal of the vehicle. The lessee shall bear the costs of removal, safekeeping, recovering and disposal of the vehicle, unless the lessee is not responsible for the failure to remove the vehicle.
  3. If the lessee fails to remove their vehicle from the parking facility after the end of the rental period or after expiry of the maximum parking duration, the lessee shall owe a use fee for the period until the vehicle is removed equal to the parking fees in accordance with the valid price list at the time of the entry of the vehicle, which is posted on site in the parking facility.
  4. The use fee must be paid before exiting at the automated pay station on site.
  5. Each party is entitled to terminate the contract for good cause without notice. Good cause is given for the Lessor in particular if the lessee violates the Terms of Use in accordance with section C. more than once or repeatedly despite a warning, unless the lessee is not responsible for the violation.
  6. In the event of a violation of the Terms of Use in accordance with section C. or other instances of trespass, the Lessor is entitled to have the vehicle towed away at the expense of the lessee, provided no more than 8 hours have elapsed between the vehicle being parked and the towing company being commissioned. The Lessor also has the right to remove the vehicle from the parking facility in exigent circumstances.

IV. Liability of the Lessor

  1. For the duration of the rental contract, the Lessor shall be liable for any damage that has demonstrably been caused by breaches of duty by it, its staff or agents. Accordingly, the Lessor shall not be liable for damage caused solely by natural events, other lessees or other third parties, in particular as a result of theft or damage to the vehicle.
  2. The Lessor shall only be liable for breaches of duty in cases of intent or gross negligence, unless otherwise stipulated herein below. In case of simple negligence, the Lessor shall be liable only if injury has been caused to life, limb or health (personal injury) based on a culpable breach of duty, or a material contractual obligation has been violated whose fulfilment enables the proper implementation of the Agreement in the first place, and upon the fulfilment of which the lessee relies and may rely.
  3. Insofar as the liability of the Lessor is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents of the Lessor in connection with the rental contract.

V. Liability of the lessee

The lessee is liable for all damage they or their employees, agents or accompanying persons have culpably caused to the Lessor or third parties. They shall also be liable for culpably caused soiling and damage to the parking facility. Any further statutory liability of the lessee shall remain unaffected.

VI. Access medium

  1. For entry into the parking facility, the lessee shall insert the credit or debit card used at the time of booking into the entry terminal, or use the provided barcode. A parking ticket is then generated to pay the parking costs, which must be paid at the pay machine before leaving.
  2. Should it not be possible to use the credit or debit card (access card) or the barcode provided for technical reasons, the customer must draw an entry ticket (parking ticket) on-site, which they must insert into the entry terminal upon entering and which must be paid at the automated pay station prior to exiting. For the Lessor, the respective holder of the access medium (access/ entrance ticket) has the right to use the vehicle and the rented parking space. The Lessor is entitled, but not obligated, to verify this claim. If the access medium is not accepted, the call assist button on the entry terminal should be pressed. At the exit, the lessee shall insert the access medium into the exit terminal. Payments are only to be made to the authorised cashiers if payment by access card is not possible for technical reasons. Upon payment to the cashiers, the lessee shall be given a receipt stating the name of the cashier, the payment amount and the date.
  3. If the lessee does not use the access medium provided for this purpose according to point 2 upon exiting, the lessee shall pay the lessee a lump-sum reimbursement of expenses equal to one daily parking fee, unless the lessee is not responsible for this or proves that there were no expenses incurred or that those incurred were substantially lower than the reimbursement fee; any further claims for damages shall remain unaffected by this. Irrespective of damages and reimbursement of expenses, the lessee shall owe the parking fee due for the rental period.


VII. Governing law, jurisdiction agreement, translations

  1. If the lessee is a consumer, the mandatory statutory provisions of the place in which the lessee usually resides shall apply.
  2. Outside the scope of consumer protection standards, German law shall apply in other respects, excluding the conflict of law rules of private international law.
  3. If the lessee is a businessperson, the place of jurisdiction for all legal disputes, regardless of the legal grounds, shall be the registered office of the Lessor, hence Düsseldorf, unless another place of jurisdiction is prescribed by mandatory law.
  4. In the case of translation of these General and Conditions, only the German version shall remain legally binding.

C. General Terms of Use

  1. The vehicle can only be parked and retrieved during the opening hours posted onsite or otherwise announced.
  2. The lessee is entitled to park passenger cars without trailers (vehicles) in the parking facility. Motorcycles may only be parked if this is expressly allowed by a corresponding sign. It is always a prerequisite for the parking authorisation that the parked vehicle has liability insurance, an official license plate (Section 23 of the German Road Traffic Permit Act (StVZO)) and a valid official inspection plate (e.g.TÜV).
  3. Vehicles may only be parked within the marked parking spaces, and only one vehicle per parking space. Reverse parking is not permitted. If staff is on site giving instructions, the lessee must park in the space assigned to them. If parking spaces are reserved for lessees with special rights (e.g. long-term parkers, disabled persons), the lessee must prove these rights upon request.
  4. Within the parking facility, the maximum speed at which a vehicle may be driven is at walking pace.
  5. The following is not permitted within the parking facility:
    • the parking of trailers;
    • the unauthorised parking of vehicles outside the parking space markings, such as in the roadway areas, on two parking spaces, in front of emergency exits, on disabled parking spaces, on parking spaces designated as reserved or on hatched areas;
    • the storage of fuels and flammable objects as well as empty fuel receptacles;
    • leaving engines running unnecessarily;
    • causing a nuisance in the neighbourhood by exhaust fumes and noises, in particular by leaving engines running unnecessarily or revving engines and by beeping the horn;
    • the parking of vehicles with leaky tanks or engines, damaged oil, coolant, air conditioning tanks and carburettors or with damage that poses a hazard to the operation of the parking facility or in an otherwise unsafe driving condition;
    • the refuelling of the vehicle;
    • staying in the parking facility for reasons not exclusively related to the parking of a vehicle, especially camping;
    • the repair or maintenance of vehicles;
    • the soiling of the parking facility, in particular by cleaning the vehicle or releasing coolant, fuel or oil;
    • walking on the roadways, including entrances and exits, unless there are no paths or hard shoulder available;
    • smoking and the use of fire;
    • riding of bicycles, mopeds, inline skates, skateboards and other vehicles or equipment, as well as parking them in the parking facility;
    • distribution of promotional material.
  6. The lessee must also follow the instructions of staff and observe the traffic signs and signposts on site. In other respects, the airport rules of use and the provisions of the German Road Traffic Act shall apply accordingly.

D. Special conditions for parking space reservation

These special conditions for parking space reservation(s) are applicable for the use of the signposted parking areas on the grounds of Düsseldorf Airport (with the exception of individual parking spaces and the company parking garages of the Airport City).

I. Reservation obligation – Reservation period

  1. Upon conclusion of the reservation contract via the contractual confirmation, the Landlady is obliged to keep a parking space free for the customer in the car park defined in the contractual confirmation - for the purposes of the conclusion of a lease contrac tin accordance with the following paragraphs: 2–3.
  2. The Landlady shall keep a reserved parking space free for the customer for one hour from the entry time defined in the contractual confirmation (reservation period). If no entry into the car park takes place during the reservation period, the reservation shall be deemed to have not been made use of. In this case, the reservation will be deleted, and the Landlady shall have the right to give the parking space to somebody else.
  3. When the customer's vehicle enters the car park, a rental contract comes into being between the Landlady and the customer, the subject of which is a parking space, according to the conditions in section B I., II. and III.

II. Rent

  1. For products to be paid "at pay machine", the parking fee is charged at the pay machine, in accordance with the parking tariff which applied when the entry was made. If a bar code is being used to gain entry, then any credit or debit card can be used for payment. If the customer has used an entry card (car park ticket) to gain entry, the parking fee must be paid before the vehicle leaves the car park - at the automated pay station or by showing the entry card at the parking service centre on site.
  2. For products which must be paid in advance, the parking fee defined on the online booking screen must be paid immediately by credit card or electronic transfer.

 

E. Notice on the EU's online dispute resolution platform

Platform of the EU Commission regarding online dispute resolution: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show We are neither willing nor under obligation to take part in dispute resolution proceedings before a consumer arbitration board.
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