General Business Terms and Conditions of Use – AirParkOne Valet Parking Service Limited
www.airpark.one is a website of AirParkOne Valet Parking Services Limited, 5th Floor, 40 Mespil Road, Dublin 4, D04 C2N4, 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 Service Ltd. or any of its subsidiaries.
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 1 st May 2019
“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 The Courtyard, Carmanhall Road, Sandyford, D18 NW62, Ireland. and (ii) any AirParkOne Subsidiary
“AirParkOne Parking Facilities” are Parking Facilities operated and managed by (i) AirParkOne 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 holds at least 50% of the shares.
“Service Offering” means the parking services provided by AirParkOne 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 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 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 to initiate a contract with AirParkOne, or whether he does not use any other services of AirParkOne.
“Valet Parking” means the parking of the Customer’s vehicle by AirParkOne 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 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 subsidiaries) via the Internet, any kind of mobile devices, via e-mail or by telephone by AirParkOne and agreed with customers of AirParkOne 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 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 does not expressly rule out their validity in the individual case. Even if AirParkOne 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, (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 shall act either on its own behalf and on behalf of the AirParkOne 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 within fourteen days without specifying any reasons. The withdrawal period is fourteen days from the date of the conclusion of the contract.
To exercise your right of withdrawal, you must inform AirParkOne of your decision to withdraw from this Contract by an unequivocal statement (for example, a letter or e-mail sent by mail).
AirParkOne Valet Parking Limited
c/o AirParkOne Germany GmbH
Hanse-Viertel, Poststraße 33, 20354 Hamburg, Germany
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal: If you withdraw from this Contract, AirParkOne shall reimburse to you all payments received from you without undue delay and not later than fourteen days from the day on which AirParkOne is informed about your decision to withdraw from this Contract. AirParkOne will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay AirParkOne an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this Contract, in comparison with the full coverage of the Contract.
Note on the premature expiry of the right of withdrawal: Your right of withdrawal expires prematurely in the case of a contract for the provision of services if AirParkOne has provided the service in full and has not begun to perform the service until you have given your express consent and at the same time confirmed your knowledge that you have lost your right of withdrawal upon complete fulfilment of the Contract by AirParkOne.
4 Services provided by AirParkOne
4.1 AirParkOne 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 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 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, no criminal investigations against the employees are pending or likely.
4.3 AirParkOne 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. 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, 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 may, at its own discretion, also provide the following Service Offerings by external service providers upon special request by the Customer:
4.6.1 Refuelling and/or recharging, or
4.6.2 Cleaning of the vehicle exterior, or
4.6.3 Cleaning of the vehicle interior, or
4.6.6 other services individually agreed with the Customer
4.7 The additional services may, at the discretion of AirParkOne, 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 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, 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 of his individual arrival times for the handover of the vehicle and to take note of the information service provided by AirParkOne. 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 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 12 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 in advance for the entire rental period by credit card. 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.
6.4 There will be a refund in case of premature termination of the Contract according to the following scheme:
6.4.1 Full refund if the Customer changes a booking more than 12 hours before scheduled Service;
6.4.2 Partial refund with a retained service fee of EUR 25.00 if the Customer (i) changes a booking less than 12 hours before scheduled Service or (ii) does not come to the agreed appointment for handover
6.5 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
6.6 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 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 corresponding departure or arrival terminal.
7.2 At the same time as the key is handed over, the Customer and AirParkOne staff 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 to the Customer, the vehicle shall be deemed to have been duly handed over unless complaints are immediately brought to AirParkOne’s attention.
7.4 The Customer shall notify the AirParkOne 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 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 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 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
8.1 AirParkOne 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 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.
8.3 AirParkOne 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;
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 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 is expressly excluded.
8.4 The Customer shall indemnify AirParkOne 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 or third parties on premises of AirParkOne 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, insofar as AirParkOne 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 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.
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 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 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 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 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 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 points out that AirParkOne does not participate in voluntary consumer dispute resolution. If a consumer dispute resolution becomes mandatory for AirParkOne after these terms and conditions have been printed, AirParkOne shall inform the consumer thereof in an appropriate manner.
AirParkOne refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ applicable to all e-commerce contracts.
14.3 AirParkOne 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.
8th June 2021