The following General Terms and Conditions ("GTC") apply in the version valid at the time of the respective booking exclusively to the sale of parking services via online sales channels (hereinafter referred to as"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 "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.
The operator does not store the full text of the contracts for the respective business transactions.
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.
2.2The contractual partner for the use of the parking area specified in the product description is the operator. However, the conclusion of a parking contract and the provision of parking spaces in the parking area are not covered by these General Terms and Conditions. Instead, the general parking conditions and rates for the parking area specified in the product description, as displayed on site at the time of entry, apply.
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).
3.2The customer submits a legally binding purchase offer for the selected parking service by clicking on the "Place order" button. The customer is bound to this purchase offer for fourteen days from the date of 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, widerruf@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. Activation for automatic payment:
6.1If a corresponding form is available on the website or the customer has received a verification code, the activation process begins by completing and submitting the activation form. The customer must provide and verify a valid payment method. The customer must then enter their vehicle identification number in the input mask provided for this purpose and accept any transaction fee charged per Automatic Payment parking transaction in accordance with Section 6.3. The customer will then receive an overview of the information provided. Once the activation process is complete, the customer can use the parking space(s) activated for Automatic Payment and leave without interacting with the parking meter. Cashless billing and payment for parking transactions covered by Automatic Payment is carried out automatically via the customer's account and the customer's chosen payment method.
6.2Parking transactions are billed monthly in arrears. The customer will receive a corresponding statement of the parking transactions covered at the email address provided by them.
6.3The operator reserves the right to charge a transaction fee in addition to the parking fee owed for each parking transaction processed via automatic payment. The transaction fee is calculated as a percentage of the parking fee owed in each case. The applicable percentage of the transaction fee will be disclosed to the customer during the activation process.
6.4The customer is aware that providing a valid license plate number is mandatory for billing parking transactions. The customer may only register license plate numbers for automatic payment for vehicles that they are authorized to use and register as the registered owner of the vehicle or as a person authorized by the owner of the vehicle to use the vehicle. If the customer is not the owner of the vehicle, they shall inform the owner of the vehicle whose license plate number they have registered. The customer undertakes to inform all persons to whom they allow use of the vehicle about the registration of the license plate number for payment processing via Automatic Payment and to authorize them to use it.
6.5Upon completion of the activation process for Automatic Payment, the customer authorizes the operator to bill all parking transactions carried out with the license plate number provided by the customer in the parking area designated for Automatic Payment. The customer is aware that when registering their license plate number for Automatic Payment, all usage transactions in the parking area designated for FreeflowAutomatic Payment that are carried out using the vehicle with the license plate number provided by them will be billed via the payment method they have registered, regardless of the customer's driver status. The customer hereby assures that all Automatic Payment parking transactions attributable to their license plate number are carried out by them or at least authorized by them. The customer undertakes to notify the operator immediately in the event of misuse or theft of their vehicle or the associated license plate number. The customer shall only be liable for misuse prior to this point in time if they have contributed to the misuse through culpable breach of their obligations.
6.6The customer can deactivate the activation of their license plate for Automatic Payment at any time via their customer account. Upon deactivation, automated payment processing via Automatic Payment is no longer possible, and the customer must pay the fee owed for using the parking space using one of the other payment methods offered at the parking space. Please note that a contractual penalty may be imposed for leaving without paying or without using one of the payment methods offered for a paid parking space in accordance with the applicable General Terms and Conditions of Use.
6.7The operator is entitled to terminate Automatic Payment in whole or in part without giving reasons, subject to a notice period of 3 days.
6.8The customer shall always ensure that there are sufficient funds available in the payment method they have provided and is obliged to inform the operator immediately of any changes to their stored data. If the customer fails to comply with these information obligations, the operator is entitled to charge for any additional expenses and costs incurred (e.g., for registration information, return debit notes, etc.). In the event of a failed debit from the customer's account, in particular the rejection of a credit card debit, the customer undertakes to pay the outstanding parking fees plus any costs incurred (e.g., costs arising from the reversal of the credit card debit) within 14 days.
In the event of outstanding payments, the operator is entitled to block the customer or their customer account for Automatic Payment until the outstanding payments have been settled, after prior notification by email to the email address provided by the customer. The operator is also entitled to block the customer or their customer account for automatic payment if unusual transactions or usage suggest a criminal offense or other misuse of automatic payment.
7. Customer obligations:
7.1The customer assures that they are of legal age and that all information required for the execution of the contract is true and accurate, and that they will immediately notify the company of any changes relevant to the contractual relationship, in particular a change of residence or name.
7.2Booking processing and contact are usually carried out by email as part of an automated booking process. The customer must therefore provide a valid email address for booking processing, at which emails sent by the operator can be received. In particular, it is also the customer's responsibility to ensure that the receipt of emails sent by the operator is not impaired by the use of a spam filter or similar technical devices.
7.3The customer shall not disclose their customer account, password, or other access data to third parties, and in particular shall not share them with such parties.
7.4The customer is aware that they must provide the correct license plate number of their vehicle during the booking process and that the long-term parking ticket booked is only valid for this vehicle and is not transferable to other vehicles, including those belonging to the customer.
9. Prices, payment terms, and refunds:
9.1The prices listed in the operator's online shop are total prices (final prices), i.e., they include all price components, including statutory German value-added tax.
9.2Bookings of fixed-price tickets or credit for pay-by-use or payments for real-time payment and post-payment are carried out by the operator using the following payment methods: credit cards, Klarna, Apple Pay.
9.3Credit for pay-by-use is debited in advance after booking. Once the credit selected by the customer has been used up, the account is automatically topped up with the previously selected credit amount, unless the customer objects to the top-up in good time before the existing credit is used up. Unused credit will not be refunded.
9.4When using pay-by-use, the parking fee owed for the respective parking transaction is based on the rates valid for the parking area at the respective time (in accordance with the signage present in the parking area at the time of use), unless the customer is entitled to cost-neutral or discounted use via authorized parking. The parking fee is due upon completion of the respective parking transaction and is collected via the payment method provided by the customer or offset against the customer's existing credit balance. The customer hereby declares their agreement to the debit or offset.
10. Delivery terms:
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.
11. Liability:
11.1The operator shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
11.2In other cases, the operator shall only be liable—unless otherwise specified in Section 10.3—for breaches of contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose fulfillment you as a customer can regularly rely (so-called cardinal obligations), 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 Section 10.3.
11.3The operator's liability 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.
12. 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.
13. Place of jurisdiction, applicable law, and contract language:
13.1 The contract in accordance with these General Terms and Conditions is subject exclusively to the laws 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 their habitual residence abroad, the mandatory provisions of that country remain unaffected. The contract language is German.
13.2 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 shall be the registered office of the operator.
14. Code of Conduct:
The operator has not subjected itself to any codes of conduct within the meaning of Art. 246c No. 5 EGBGB.