The following General Terms and Conditions ("GTC") apply in the version valid at the time of the respective booking exclusively for the sale of parking services via online sales channels (hereinafter: "Online Shop") of Mobility Hub Parkservice GmbH, legally represented by its Managing Director Volker Brockmeyer, Nördliche Münchner Straße 27a, 82031 Grünwald, Tel.: +49 (0) 89 2778299 51, info@mh-parkservice.de, hereinafter referred to as the "Operator".
The operator recommends printing out or saving these GTC and the other legal and contractual texts for the documentation of the respective business transaction.
A comprehensive storage of the contract texts for the respective business transaction does not take place by the operator.
1. scope of application, definitions of terms and contact options:
1. 1 These GTC apply to all contracts that the customer concludes with the operator for the parking services presented in this online store. Parking services within the meaning of these GTC are all products and services that can be booked with the Operator via the online store.
1. 2 The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise expressly agreed with the customer in writing.
1. 3 For the purposes of these GTC, "customer" means both consumers and entrepreneurs.
1.3.1 A consumer within the meaning of Section 13 BGB is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
1.3.2 An entrepreneur within the meaning of Section 14 BGB is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in
the exercise of their commercial or independent professional activity.
1.4 The Operator can be contacted by post via the address Mobility Hub Parkservice GmbH, Nördliche Münchner Straße 27a, 82031 Grünwald, Germany, Tel.: +49 (0) 089 2778299 51, info@mh-parkservice.de.
2. subject matter of the contract / booking options
2.1 The customer can book and pay for the following parking services via the online store:
Not all parking services are available for all parking areas. The respective product description in the online store is decisive. For the use of the respective parking area itself, the terms and conditions of use of the parking area valid at the time apply.
2.2 The contractual partner for the use of the parking space specified in the product description is Mobility Hub Parkservice GmbH. In addition to these GTC, the General Terms and Conditions of Parking for the parking area specified in the product description also apply and can be accessed via the link provided in the product description.
3. regulations on the conclusion of the contract:
3. 1 The parking services presented by the operator in the online store do not constitute legally binding offers to conclude a contract, but serve as an invitation to the customer to submit a binding contractual offer (so-called invitatio ad offerendum/invitation to submit an offer).
3.2 The legally binding submission of the purchase offer by the customer takes place via the selected parking service by clicking on the "Pay" button. The customer is bound to this purchase offer for fourteen days from the date of submission of the booking. The operator is entitled to reject the customer's purchase offer until acceptance.
3.3 The contract is only concluded upon receipt of the declaration of acceptance by the operator. Immediately after receipt of the booking by the customer, the operator will send a booking confirmation (payment receipt) to the e-mail address provided by the customer in the online store or at the time of payment. This booking confirmation serves both to document the booking and the fulfillment of the legal obligations by the operator in accordance with § 312i para. 1 sentence 1 no. 3 BGB, as well as the acceptance of the contract by the operator.
4. detailed description of the booking process:
In accordance with Section 312i (1) sentence 1 no. 2 BGB in conjunction with Art. 246c no. 1 EGBGB, the operator must provide the customer with the individual technical steps that lead to the conclusion of the contract.
4.1 Real-time payment and post-payment
4.1.1 Initiating the booking process
If a booking form is available on the website, the booking process begins by completing and submitting the booking form. The customer must enter the license plate number of their vehicle on the input screen provided for this purpose. The customer is then shown the parking services available for the parking space. The customer can now select the desired parking service. By clicking on "Buy" (for fixed-price tickets) or "Pay now" (for other parking services), the customer is taken to an overview page where they can find their selected parking service again with the
validity period, the specified license plate number and the price including all additional costs. If they now wish to book the selected parking service(s), they must click on "Pay now".
4.1.2 Selection of payment method and completion of booking process
The customer is then redirected to the portal of the respective payment service provider. There they are again given an overview of the parking services they have selected and which are available for booking, as well as the most important contract information, in particular the total price. Finally, the customer can select the payment method in the booking process. By clicking on the "Pay" button, the customer can now complete the booking process by submitting a legally binding contract offer.
4.2 Online store
4.2.1 Registration and verification for authorization parking
At the beginning, the customer is asked to enter their customer data or to create a new customer account as a first-time customer. If the customer is already registered, they can enter their customer details and log in to their customer account by clicking on "Log in". If the customer wishes to create a new customer account, they must enter their full name and e-mail address and enter a password of their choice. If the customer belongs to a group of persons eligible for authorization parking (e.g. as an employee of a client of the operator), the creation of a customer account is mandatory for the use of special rates for authorization parking. The use of special tariffs for authorization parking is only possible after confirmation or activation by the respective client of the operator and for the duration of the qualification for
authorization parking granted to the customer by the
respective client of the operator. By creating a customer account, the customer qualified for
authorization parking assures to use the parking authorization granted to him/her only
personally with the license plate deposited for this purpose and only for the duration of the qualification for authorization parking granted by the
client of the operator (e.g. duration of the employment relationship subject to the earlier termination of the contract existing between the operator and the client). The Operator is entitled to request appropriate evidence from the Customer for the use of special rates for authorization parking. If the customer does not provide the relevant proof, he/she is not entitled to make use of authorization parking. If the customer now clicks on "Register", his data for the customer account will be saved and he can continue with the ordering process as described in section 4.2.2.
4.2.2 Initiating the booking process for fixed-price tickets
If a booking form is available on the website, the booking process begins by completing and submitting the booking form. The customer must select the desired parking space. The customer is then shown the parking services available for the parking area.
The customer can now select the desired parking service by clicking on the "Select ticket
" button and, if necessary, make a further parking service-specific selection (e.g. specifying a period of use or date for fixed-price tickets, selecting the parking area, specifying license plates) and add the desired parking services to the shopping cart by clicking on the "Add to shopping cart" button. The customer can now decide whether to continue shopping or go directly to the shopping cart and checkout. If he finally goes to the shopping cart after completing his purchase, he will find his selected items there again with the item description, the number of products and the price including all additional costs and separate labeling of the shipping costs. If they now wish to book the selected parking service(s), they must click on "Buy ticket" again after acknowledging and confirming the terms and conditions and privacy policy.
4.2.3 Initiating the booking process for pay-per-use
If a booking form is available on the website, the booking process begins by completing and submitting the booking form. The customer must select the desired parking space. The customer is then shown the parking services available for the parking space.
The customer can now select the desired parking service "Pay-per-Use" and
make any further parking service-specific selections (e.g. specifying a period of use, selecting the parking space, specifying license plates) and add the desired parking services to the shopping cart by clicking on the "Add to shopping cart" button. The customer can now decide whether to continue shopping or go directly to the shopping cart and checkout. If he finally goes to the shopping cart after completing his purchase, he will find his selected items there again with the item description, the period of use and the price including all additional costs. If they now wish to book the selected parking service(s), they must click on "Buy ticket" again after acknowledging and confirming the terms and conditions and privacy policy.
4.2.4 Selecting the payment method and completing the booking process
Finally, the customer is redirected to the portal of the respective payment service provider
. Here, the customer is given an overview of the parking services they have selected for booking as well as the most important contractual information, in particular the total price and the selected parking service.
By clicking on the "Pay" button, the customer can now complete the booking process
by submitting their legally binding contractual offer.
5. right of withdrawal
5.1 Existence of the statutory right of withdrawal for consumers
If the customer is a consumer in accordance with Section 13 BGB ("natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity"), they have a statutory right of withdrawal. Employees and civil servants are also consumers in accordance with Section 13 BGB.
There is no right of withdrawal for the following services
The main service underlying each of these parking services has already been provided without the use of means of remote communication. The operator only offers the option of paying the fee owed for the service online before leaving the parking area.
The right of withdrawal does not apply to distance contracts for the provision of accommodation services for purposes other than residential purposes or for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services.
5.2 Provisions applicable to the right of withdrawal (withdrawal instructions):
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise the right to cancel, you must inform us (Mobility Hub Parkservice GmbH, Nördliche Münchner Straße 27a, 82031 Grünwald, widerruf@mh-parkservice.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
End of the withdrawal policy
5.3 The following form can be used to declare revocation, although this is not mandatory:
Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back to us).
Mobility Hub Parkservice GmbH, Nördliche Münchner Straße 27a, 82031 Grünwald, wiederruf@mh-parkservice.de
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
- Goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
___
(*) Delete as appropriate.
6 Obligations of the customer:
6.1 The customer affirms that he/she is of legal age and truthfully provides all information required for the execution of the contract and, if necessary, immediately informs us of any changes relevant to the contractual relationship, in particular a change of residence or name.
6. 2 Bookings are generally processed and contact made by email as part of an automated booking process. The customer must therefore provide a valid e-mail address for booking processing, at which the e-mails sent by the operator can be received. In particular, it is also the customer's responsibility to ensure that access to the e-mails sent by the operator is not impaired by the use of a SPAM filter or similar technical equipment.
6. 3 The customer shall not make his customer account, password or other access data available to third parties, and in particular shall not share them with third parties.
6.4 The customer is aware that he/she must provide the correct license plate number of his/her vehicle during the booking process and that the booked long-term parking ticket is only valid for this vehicle and is not transferable to other vehicles, including those of the customer.
7 Prices, terms of payment and refunds:
7.1 The prices stated in the Operator's online store are total prices (final prices), i.e. they include all price components, including statutory German VAT.
7.2 Bookings of fixed-price tickets or credit for pay-by-use or payments for real-time payment and postpayment are executed by the operator against the following payment methods: Credit card, Sofortüberweisung, GooglePay, Apple Pay, Link
7. 3 Credit for pay-by-use is debited in advance after booking. If the credit balance selected by the customer is used up, an automatic top-up in the amount of the previously selected credit balance will be made unless the customer objects to the top-up in good time before the existing credit balance is used up. Unused credit will not be refunded.
7.4 When using pay-by-use, the parking fee owed for the respective parking process is based on the parking area tariffs valid at the respective time (according to the signage available in the parking area at the time of use), unless the customer is entitled to cost-neutral or discounted use via authorization parking. The parking fee is due upon completion of the respective parking process and is collected via the means of payment deposited by the customer or offset against the customer's existing credit balance. The customer hereby agrees to the debit or settlement.
8. terms of delivery:
As soon as the invoice amount has been credited to the operator, the customer will receive a confirmation by e-mail to the e-mail address provided by him in the online store or already stored in his customer data with the operator after successful booking. It is not possible to send the parking services by post.
9. liability:
9.1 The operator is liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
9.2 In other cases, the Operator shall only be liable - unless otherwise provided for in Section 8.3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and
typical damage. This limitation of liability also applies in favor of our
vicarious agents. In all other cases, liability is excluded subject to the provision in paragraph 3.
9.3 The liability of the operator for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
10. copyrights:
The operator has copyrighted rights to images, films and texts on this website or a right of use to images, films and texts of third parties. Any use of these images, films and texts by third parties therefore always requires a request to the operator.
11 Place of jurisdiction, applicable law and contract language:
11.1 The contract in accordance with these GTC is subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer and has his habitual residence abroad,
mandatory provisions of this country remain unaffected. The contract language is German.
11.2 If the customer is a merchant, a legal entity under public law or
a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of the operator.
12. code of conduct:
The operator has not subjected itself to any codes of conduct within the meaning of Art. 246c No. 5 EGBGB.