General Business Terms and Conditions of Use – AirParkOne Valet Parking Limited

www.airpark.one is a website of AirParkOne Valet Parking Limited, Termini Building, 3 Arkle Road, Sandyford, Dublin 18, Ireland. These General Terms and Conditions govern the contractual relationship between AirParkOne Valet Parking Limited (and all subsidiaries of this company)  and the users or customers who use the services of AirParkOne Valet Parking Limited or any of its subsidiaries.

1            Definitions:

1.1        The following definitions shall apply in these General Terms and Conditions:

“GTC” means the currently valid version of the General Terms and Conditions, as amended on 1st June 2024

“AirParkOne” means (i) AirParkOne Valet Parking Limited, a company incorporated under the law of the Republic of Ireland, registered under the number 601467 with registered office at Termini Building, 3 Arkle Road, Sandyford, Dublin 18, Ireland and any (ii) AirParkOne Subsidiary

“AirParkOne Parking Facilities” are Parking Facilities operated and managed by (i) AirParkOne Valet Parking Limited subsidiaries or (ii) other associated companies.

“AirParkOne Subsidiary” means a company operating under the AirParkOne brand image at a particular airport within the scope of these General Terms and Conditions, in which AirParkOne Valet Parking Limited holds at least 50% of the shares.

“Service Offering” means the parking services provided by AirParkOne Valet Parking Limited via the Website and the additional services as specified in clause 4.6.

“Customer” means the User with a Customer Account as a contractual partner of AirParkOne Valet Parking Limited and includes consumers within the meaning of Section 13 of the German Civil Code [BGB] as well as entrepreneurs within the meaning of Section 14 BGB unless these GTC expressly set out diverging terms and conditions.

“Customer Account” means the individual user account of the User for initiating and implementing the AirParkOne Valet Parking Limited contract via the Website, in which the Customer manages essential information about himself, his vehicle including registration number and his payment data (credit card).

“User” means any visitor to the Website, regardless of whether he sets up, manages or uses a user account as a Customer, or whether he uses AirParkOne Valet Parking Limited to initiate a contract with AirParkOne Valet Limited Parking, or whether he does not use any other services of AirParkOne Valet Parking Limited.

 “Valet Parking” means the parking of the Customer’s vehicle by AirParkOne Valet Parking Limited staff, where the vehicle and the key are handed over at the respective departure or arrival terminal of the airport.

“Contract” means the service and rental agreement between the Customer and AirParkOne Valet Parking Limited pursuant to clause 3.1 of these GTC for the provision of valet parking services including secondary rental services and other services for the Customer as specified in clause 4.6.

“Website” means www.airpark.one, including all applications irrespective of means.

1.2        Plural or singular forms also apply to the synonym.

1.3        The use of the masculine form is for readability purposes and should not be read as a gender-specific reference. Words in the masculine form also apply to feminine or gender-neutral references.

1.4        Communications by email or other electronic/ digital means fulfil the requirement of written form.

2            Scope of application

2.1        These General Terms and Conditions, which are subject to occasional changes, apply to all contractual and legal relationships as well as services and Service Offerings that are offered directly or indirectly (i. e. through third parties, including AirParkOne Valet Parking Limited subsidiaries) via the Internet, any kind of mobile devices, via e-mail or by telephone by AirParkOne Valet Parking Limited and agreed with customers of AirParkOne Valet Parking Limited based on a Contract.

2.2        By using the Website and creating a Customer Account, the Customer confirms that he has read and understood these GTC and data protection provisions and agrees to these terms.

2.3        Employees or other agents of AirParkOne Valet Parking Limited are not entitled or authorised to make verbal or written agreements with the Customer in connection with the Contract which deviates from these GTC. This does not apply in the case of a statutory power of representation, e.g. due to position as an authorised representative or as an authorised signatory.

2.4        Terms and conditions of the Customer or third parties shall not apply, even if AirParkOne Valet Parking Limited does not expressly rule out their validity in the individual case. Even if AirParkOne Valet Parking Limited refers to a letter containing the terms and conditions of the Customer or a third party or draws attention thereto, this shall not constitute agreement as to the validity of those terms and conditions.

3            Conclusion of a Contract

3.1        The conclusion of a Contract for (i) handing over the customer’s vehicle to AirParkOne Valet Parking Limited, (ii) parking the vehicle on the AirParkOne Parking Facilities and (iii) the provision of further Service Offerings will be effected without individual communication via an online booking procedure (e-commerce contract), whereby AirParkOne Valet Parking Limited shall act either on its own behalf and on behalf of the AirParkOne Valet Parking Limited subsidiary for the respective service

3.2        The Customer concluding the Contract shall, as the hirer, be the sole contractual partner and thus the party liable for payment for all services, even if contracts are booked for several vehicles, provided that the Customer does not expressly act as a representative of other persons at the time of booking.

3.3        The booking process is carried out via the Website and the Customer Account and booking screen containing explanations and user help functions.

3.4        Right of withdrawal: In the case of distance selling contracts for services under the AirParkOne brand, the Customer is entitled to a right of withdrawal in accordance with the statutory provisions insofar as he is a consumer pursuant to Section 13 BGB. Please refer to the instruction on withdrawal below and also available under the link Instruction on withdrawal.

INSTRUCTION ON WITHDRAWAL

You have the right to withdraw from this user contract (cancel your booking) anytime up to 48 hours before the time you have booked with us to hand over your car.
You can cancel directly on the website www.airpark.one or send an e-mail to: hamburg@airpark.one with your cancellation.

If you add “flex-booking” to your reservation you can cancel free of charge anytime and You will not be charged for up to 5 hours extra parking in the event of flight delays.
If you have made your reservation via an Airport Parking Broker (“Online Gateway”) you have to cancel and/or change your reservation via the brokers website as AirParkOne Valet Parking Limited do not receive any information about the parking brokers terms and conditions

I case of cancellation on or before 48 hours before book parking arrival, we will automatically reimburse you and no cancellation fee will be charged.
If you have booked and paid via the Online Gateway we have not received the payment and all reimbursement is solely up to the refund terms and conditions of the broker you have used.

If you hand in your car and return early from your travel (premature expiry of contract) earlier than you booked, no partial refunds will be made.

4            Services provided by AirParkOne Valet Parking Limited

4.1        AirParkOne Valet Parking Limited shall, in accordance with these GTC and all the information and explanations available to the Customer at the time of booking, in concluding an AirParkOne Valet Parking Limited contract, (i) move the Customer’s vehicle between the airport terminal and the AirParkOne Parking Facilities, (ii) provide a parking space for the agreed Contract period and (iii) provide any agreed additional and/or alternative Service Offerings.

4.2        AirParkOne Valet Parking Limited undertakes that Valet Parking staff have sufficient driving experience and drive safely, are in possession of a valid driver’s licence and that, after a thorough check by AirParkOne Valet Parking Limited, no criminal investigations against the employees are pending or likely.

4.3        AirParkOne Valet Parking Limited undertakes that the vehicle will be moved directly between the respective departure or arrival terminal and the secured AirParkOne Parking Facilities.

4.4        Surveillance, monitoring, maintenance and provision of insurance cover are not covered by the contractual services of AirParkOne Valet Parking Limited. Even if personnel are present at the AirParkOne Parking Facilities or the Parking Facilities are monitored using optical-electronic equipment (video surveillance), this does not imply any assumption of care or liability, especially not for theft or damage.

4.5        Unless otherwise expressly agreed with AirParkOne Valet Parking Limited, the suitability of the parking space owed under the contract is limited to vehicles with a vehicle height of max. 1.90 m and a vehicle width of max. 2 m.

4.6        In addition to Valet Parking and the provision of a parking space on the AirParkOne Parking Facilities, AirParkOne Valet Parking Limited may, at its own discretion, also provide other services.

4.7        The additional services may, at the discretion of AirParkOne Valet Parking Limited, be provided in whole or in part by an external service provider. For this purpose, the vehicles handed over can be transferred to the location of this external service provider. The limitations on liability as set forth in clause 8 shall also apply for the affiliated companies of the parties involved in the execution of this Contract as well as their respective employees.

4.8        AirParkOne Valet Parking Limited is entitled,

4.8.1     to refuse to hand over the key and return the vehicle to persons who have been drunk or unable to drive, excluding the Customer’s claims for damages due to non-performance or improper performance;

4.8.2     to release the vehicle beyond the agreed parking period only after payment of the remaining rental charge to secure it with engine immobilisers;

4.8.3     to have parked vehicles removed from the premises at the risk and expense of the hirer, if (i) the rental agreement is terminated, (ii) a parked vehicle poses a danger due to a leaking tank or carburettor or other defects, (iii) a parked vehicle does not have a valid motor vehicle licence or is withdrawn from circulation by the authorities during the term of the Contract or (iv) the vehicle has been parked without authorisation.

5            Obligations of the Customer

5.1        The Customer shall provide assurance that the vehicle has the mandatory insurance cover. Upon request, AirParkOne Valet Parking Limited, its employees and agents are to be presented with a driving licence and vehicle registration document.

5.2        The Customer undertakes to:

5.2.1     promptly inform AirParkOne Valet Parking Limited of his/her individual arrival times for the handover of the vehicle and to take note of the information service provided by AirParkOne Valet Parking Limited. In the event of non-compliance with obligations to notify, the Customer shall not be entitled to any claims for damages for non-performance or improper performance;

5.2.2     Report without delay any disruptions or deficiencies in the services provided by AirParkOne Valet Parking Limited and such reporting does no require specific remedy requests. If the Customer culpably fails to report a deficiency, he shall not be entitled to a reduction in the contractually agreed consideration or compensation for damages;

6            Right of cancellation and costs

6.1        The Customer has a right to cancel the Contract at any time. Cancellation is free if it is made up to 48 hours before the agreed handover. The right by either party to withdraw for cause shall remain unaffected. This is the case with force majeure. The party exercising this right of cancellation must inform the other party immediately in writing before exercising the right of cancellation for a cause. A claim for damages is excluded in these cases.

6.2        The Customer pays the agreed parking fee at the time of booking via the AirParkOne website where the customer can choose between a number of payment options. If the booking are made via an Online Gateway, AirParkOne Valet Parking Limited are not charging the customers and all issues related to payment is solely between the Customer and the chosen Online Gateway. Discounts on already discounted offers are excluded. The prices agreed to include statutory value-added tax.

6.3        Each of the Arrival and departure days are charged as one full parking day, respectively.

Extending booking

6.4       If the Customer extends its booking, this further service period constitutes a new booking process and the provisions of this clause 6 apply respectively.

Exceeding the contractually agreed parking time

6.5        Any use exceeding the contractually agreed parking time will be charged according to the applicable tariffs. If the Customer does not remove the vehicle after the expiry of the rental period, there will be no tacit extension of the lease for an indefinite period of time.

Section 545 BGB is expressly excluded.

In this case, AirParkOne Valet Parking Limited shall be entitled to demand compensation for the period pending the removal of the vehicle in the amount of the remuneration which could be claimed for a corresponding rental period on the basis of the remuneration agreed for the rental period, but not less than EUR 25.00 per calendar day; any further claims are hereby unaffected.

7            Hand-over of the vehicle

7.1        The Customer shall hand over the vehicle to an AirParkOne employee by handing over the key at the designated and conveniently situated AirParkOne Valet Parking Limited hand-over facility in the airport. Driving instructions will always be provided in the e-mail confirming the booking.

7.2       At the time where the car is handed over to AirParkOne Valet Parking Limited, photos of the car will be taken. The Customers and the AirParkOne Valet Parking Limited staff will record (i) any damage or defects to the Customer’s vehicle, (ii) special features of the vehicle, (iii) the vehicle’s mileage and (iv) additional services. This vehicle status report has evidentiary value.

7.3        When returning the vehicle from AirParkOne Valet Parking Limited to the Customer, the vehicle shall be deemed to have been duly handed over unless complaints are immediately brought to AirParkOne Valet Parking Limited‘s attention.

7.4        The Customer shall notify the AirParkOne Valet Parking Limited staff responsible for the AirParkOne Parking Facilities and, if necessary, to be contacted by the customer care call number, of any obvious damage to the vehicle immediately on joint inspection of the vehicle and shall give AirParkOne Valet Parking Limited staff the opportunity to inspect the vehicle.

7.5        If, by way of exception, a vehicle inspection in accordance with clause 7.4 is not possible or cannot be reasonably expected of the Customer, the notification must be made in writing to AirParkOne Valet Parking Limited no later than 14 days after the damage event has occurred. In the case of non-obvious damage, the notification must be made in writing within 14 days of the discovery of the damage. If the Customer violates his obligation to notify, all claims for damages of the Customer are excluded, unless the Customer is not responsible for the delay. These duties to notify as well as the limitation period shall not apply if the Customer or his fellow travellers have suffered personal injury or if AirParkOne Valet Parking Limited has caused any other damage by gross negligence or intent. Otherwise, the duty of notification and the limitation period shall apply to both contractual and statutory claims.

8            Liability of AirParkOne Valet Parking Limited

8.1        AirParkOne Valet Parking Limited is liable within the scope of its liability insurance for damages caused by intent and/or by gross negligence by its staff or its agents. Any further liability is excluded. AirParkOne Valet Parking Limited does not assume any obligation of care.

8.2        There is no insurance coverage beyond the property and personal liability insurance taken out by AirParkOne Valet Parking Limited.

8.3        AirParkOne Valet Parking Limited does not accept liability

8.3.1     for objects handed over for safekeeping or left in the vehicle and/or for damage which occurs to luggage of the Customer through his own fault or not through his own fault;

8.3.2     for damage resulting from acts of courtesy (start-up assistance, parking assistance) of its employees and/or agents. In this case, a legal relationship is not formed with AirParkOne Valet Parking Limited;

8.3.3     damage to and destruction of vehicles, including their contents and loads, which have been caused by acts of third parties; this also applies to the theft and loss of motor vehicles, vehicle parts, vehicle contents (e. g. car radios, car telephones, personal valuables, computers, photographic equipment, sports equipment and similar objects) and vehicle loads;

8.3.4     for theft, fire, hail, storm or storm damage, vandalism and burglary; only the comprehensive insurance cover of the vehicle concerned assumes liability in this case and liability on the part of AirParkOne Valet Parking Limited is excluded;

8.3.5     for damage caused by animals, wind blowing objects or contamination by trees, plants, animals, dust; liability on the part of AirParkOne Valet Parking Limited is expressly excluded.

8.4        The Customer shall indemnify AirParkOne Valet Parking Limited in the event of damage caused by force majeure as well as in the event of damage caused by internal and external disturbances, war events and elementary forces of nature.

9            Liability of the Customer

9.1        The Customer shall be liable for damage to the legal interests of AirParkOne Valet Parking Limited or third parties on premises of AirParkOne Valet Parking Limited caused by the Customer himself either intentionally or negligently.

9.2        Irrespective of fault, the Customer shall be liable for all damage to the vehicle due to technical defects (e. g. loss of oil, explosion) on the AirParkOne Parking Facilities caused by the Customer himself, his employees, his agents or his accompanying persons (family members) or by a third party contracted by him. This also applies if such defects have not been included in the vehicle status report or were previously unknown. The Customer shall assign his own claims against third parties or insurance undertakings from a damage event in advance to AirParkOne Valet Parking Limited, insofar as AirParkOne Valet Parking Limited is held liable for such an event.

9.3        The Customer is entitled to prove that no damage or lesser damage than that claimed was caused.

10         Measures to be taken in the event of a breach of Contract by the Customer

10.1      AirParkOne Valet Parking Limited may refuse parking of the vehicle on the company premises if there are indications that driving on the premises or parking on the premises may pose a risk to the operational safety of AirParkOne Valet Parking Limited.

10.2      Where the contractually booked parking time is exceeded for reasons for which the Customer is not responsible, and where the contractually owed service is withheld from another Customer (this includes, in particular, exceeding the parking time as a result of an air traffic controller strike, pilot strike, cancellation of flights or flight delays), AirParkOne Valet Parking Limited is entitled to move or tow away the vehicle as a last resort if less severe means are not at its disposal. The costs of these measures shall be borne by the Customer. Clause 9.3 applies accordingly.

10.3      The provision in 10.2 in conjunction with 9.3. shall apply mutatis mutandis to an overrun of the parking period for which the Customer is responsible, on condition that, in addition to the right to move the vehicle if less severe means are unavailable and the Customer is obliged to reimburse the costs of appropriate measures, the Customer must pay compensation which is to be paid based on the typical and advertised tariffs for the respective parking facility.

11         Lien and right of retention

11.1      Insofar as AirParkOne Valet Parking Limited has duly offered or provided its contractual services and the Customer is not entitled to any contractual or statutory right of retention or set-off, AirParkOne Valet Parking Limited may refuse to hand over the parked vehicle without prior full payment of the invoice price.

11.2      In accordance with the statutory provisions on the lessor’s lien, AirParkOne Valet Parking Limited is entitled to a right of retention as well as a legal right of lien to the parked vehicle of the Customer due to its claim under the rental agreement.

12         Data collection and processing

              By using the Website, the User agrees to the collection, processing and use of his personal data by AirParkOne Valet Parking Limited on servers located in the European Union. Further information can be found in the AirParkOne Privacy Statement.

13         Severability Clause

              If any provision of this agreement should be found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that comes closest to the intent of the original provision. The validity of the remaining provisions shall remain unaffected.

14         Applicable law and dispute resolution

14.1      These GTC are governed by German law. Place of jurisdiction is Hamburg.

14.2      With regard to the Consumer Dispute Resolution Act, AirParkOne Valet Parking Limited points out that AirParkOne Valet Parking Limited does not participate in voluntary consumer dispute resolution. If a consumer dispute resolution becomes mandatory for AirParkOne Valet Parking Limited after these terms and conditions have been printed, AirParkOne Valet Parking Limited shall inform the consumer thereof in an appropriate manner.

AirParkOne Valet Parking Limited refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ applicable to all e-commerce contracts.

14.3      AirParkOne Valet Parking Limited reserves the right to modify these GTC at any time without giving reasons. The Customer shall be notified of the amended and modified GTC before activation. The amended GTC becomes effective as soon as they are accepted by the Customer.

1 June 2024.