Politique de confidentialité et conditions générales d'utilisation

Purpose of License Plate Recognition

License plate data is automatically captured upon entry and exit to determine the duration of use, verify parking authorization, billing of incurred parking fees, identify vehicle owners in case of violations of the General Terms and Conditions of Use, and enforce claims related to payment, damages, property protection, or injunctions. The legal basis is Art. 6 (1) (b) and (f) GDPR. For more details on data protection and your rights as a data subject, please refer to the Privacy Notice.

Information on data protection

1. Name and Contact Details: The data controller under data protection law for the processing activities carried out is Mobility Hub Parkservice GmbH (“MHP GmbH”), Nördliche Münchner Straße 27a, 82031 Grünwald, Germany, Tel.: +49 892778299 50,
support@mh-parkservice.de, www.mh-parkservice.de.

2. Contact Details of the Data Protection Officer: You can reach the Data Protection Officer of MHP GmbH at Tel.: +49 892778299 50 or via email at
datenschutz@mh-parkservice.de.

3. Categories of Data, Purpose, and Legal Basis for Processing: During the use of the parking areas, the following data is automatically collected: license plate data, including the front or rear section of the vehicle, entry/exit time, date and location stamps, as well as the amount and payment method of parking fees.The data processing serves legitimate interests of the parties regarding the operation of the parking area and associated standard administrative tasks (Art. 6 (1) (f) GDPR) and ensures the proper execution of the services provided under the General Terms and Conditions of Use (e.g., determining and billing of parking fees, verifying stored parking authorizations, payment reconciliations via app or online portal, and monitoring compliance with maximum parking duration or grace periods) (Art. 6 (1) (b) GDPR).

4. Recipients or Categories of Recipients / Data Sources: In the event of violations of the General Terms and Conditions of Use, all personal data of the vehicle owner and the driver of the vehicle relevant for the legal prosecution of the violation, in particular the recovery of a forfeited contractual penalty and/or the assertion of ownership and property protection rights (‘tracking’) will also be processed. Owner-related data (in particular name and address) is requested from the Federal Motor Transport Authority or foreign information centers by forwarding the license plate number (so called “owner inquiries”). Driver data may also be obtained via the identified vehicle owner and shared with third parties (e.g., legal representatives) for these purposes. Data is processed by MHP GmbH and its contractors (Peter Park System GmbH (operation of car park technology and software) and Amazon Webservices EMEA SARL (data storage) for the technical operation of the car park technology and software and for tracking violations of the General Terms and Conditions of Use. The legal basis is Art. 6 (1) (b) GDPR, where processing is required to fulfill a contract, or Art. 6 (1) (f) GDPR for legitimate interests such as ensuring proper operation of the parking lots and protecting the property rights of MHP GmbH and third parties.

5. Data Deletion: The personal data collected will be deleted after all existing claims arising from and in connection with the use of the parking area have been settled and all statutory retention and limitation periods have expired. If there is no violation of the General Terms and Conditions of Use of the parking area and the user leaves the parking area within the grace period applicable from the time of entry, the user's data will be automatically deleted 48 hours after leaving the parking area, provided that there are no statutory retention obligations to the contrary.

6. Information on Your Rights: We would like to inform you that you have the right to obtain free information about your stored data (including the right to a copy), as well as the right to correction, deletion, or blocking of data, objection, and data portability at any time. If you believe that we have not complied with data protection regulations when processing your data, you can file a complaint with the responsible data protection supervisory authority. The supervisory authority responsible for the business location of MHP GmbH is the BayLDA, Promenade 18, 91522 Ansbach, Germany
www.lda.bayern.de.

7. Obligation to Provide Data: The provision of your data is contractually required under the General Terms and Conditions or necessary for the conclusion of the contract. Without the provision of your data, the execution of the underlying legal relationship and our services would not be possible. However, we do not use your data in the context of automated decision-making, including profiling.


General Terms and Conditions (“GTC”)

1. Conclusion of the Contract: By providing the private parking facility designated by signage (hereinafter referred to as the "Parking Area"), the operator offers users the opportunity to enter into a parking contract in accordance with these GTC. By driving onto the Parking Area, the user accepts the offer and agrees to the applicability of these GTC, including any parking fees indicated by signage, as well as regulations governing the use of the Parking Area, such as maximum parking durations, grace periods, or free parking durations, as applicable.

2. Contracting Parties: The contracting party for the user is Mobility Hub Parkservice GmbH, Nördliche Münchner Straße 27a, 82031 Grünwald, Germany (hereafter referred to as the “operator”).

3. Operator’s Obligations: The parking contract does not entitle the user to claim a specific parking space, even during the Parking Area’s designated hours of operation as indicated by signage. Under the parking agreement, the user is only granted the right to use an available parking space in accordance with these GTC during operating hours, provided it is not specifically marked as reserved or allocated for third parties (e.g., long-term tenants, deliveries, disabled parking spaces, etc.). The Operator does not owe additional services beyond the provision of an available parking space, such as monitoring, guarding, safekeeping, or insurance for parked vehicles. The Operator assumes no custodial obligations. Winter maintenance, such as snow clearing and gritting, is performed on a limited basis. During severe snow or ice conditions, the Operator may close all or part of the Parking Area during operating hours. The applicable regulations for the Parking Area, including free parking durations, parking fees, or parking charges based on parking durations, are displayed at entrances and on payment machines (if available).

4. General Usage Rules: Upon entering the Parking Area, the user must immediately park their vehicle in an available parking space, provided it is not reserved or allocated for third parties. Vehicles may only be parked during operating hours and within marked or otherwise designated parking spaces. If no markings are visible, vehicles must be parked in a manner that avoids obstructing or endangering other users. Users must follow any instructions provided by the Operator’s staff. If available, users must comply with automated traffic guidance systems, traffic signs, and regulations. While navigating within the Parking Area, including entry, exit, parking, and searching for a space, users must exercise due care in accordance with traffic regulations (StVO) at their own responsibility, even if the Operator’s staff provides assistance. Exemptions from parking fees for individuals with disabilities under StVO do not apply. Users are prohibited from entering or parking vehicles that lack liability insurance, a valid official inspection sticker (e.g., HU, TÜV), an official license plate, or that have damages or deficiencies (e.g., fluid leaks) that could endanger the Parking Area’s operation. Users must properly secure and lock parked vehicles. Users’ presence on the Parking Area is limited to the duration required for parking or retrieving their vehicle, including any necessary payment transactions. Extended stays are not permitted. Smoking and open flames are prohibited except in explicitly designated areas.

5. Removal of Vehicles by the Operator: Under specific circumstances that make a user’s vehicle unreasonable for the Operator to accommodate, the Operator is authorized but not obligated to remove the vehicle from the Parking Area at the user’s expense and risk, particularly in cases where:
(a) the vehicle poses an immediate danger, such as leaking fluids;
(b) the vehicle jeopardizes the Parking Area’s operation, the environment, or third-party property;
(c) the vehicle is parked without valid registration;
(d) the vehicle is parked unlawfully, obstructively, in reserved spaces, or in violation of these GTC.

6. Automated Measurement of Period of Use, Parking Duration, Fee Billing and Detection of Car Park Utilisation: To determine vehicle entry and exit times, a camera-based license plate recognition system is used at entry and exit points. The system captures the vehicle’s front or rear and records the license plate number, date, time, and location at entry and exit. Parking fees are calculated and billed based on actual parking duration from the time of entry. To verify payment or validate parking permits (e.g., long-term permits), the parking duration is automatically matched against transactions linked to the license plate number. A grace period of 15 minutes from entry applies to paid parking. After completing payment, the user must exit the Parking Area within 15 minutes.

7. Fees
7.1. Parking Fees:
Use of the Parking Area is subject to fees or restricted to certain user groups, as indicated by signage.
7.2. Billing: Parking fees are calculated based on actual parking duration in accordance with displayed tariffs.
7.3. Payment: Fees are payable by entering the vehicle’s license plate number at payment machines.  Alternatively - if available - payment of the parking fee can also be made using a smartphone application (hereinafter referred to as ‘app’) shown on the signage displayed. To do this, the parking process must be started in the app immediately after entering the car park and stopped again immediately before or after leaving the car park. Alternatively - where available and indicated - payment of the parking fee can also be made up to 24 hours after leaving the car park via the online portal indicated on the signage displayed.
7.4. Long-Term Parking Permits: The booking of the long-term parking authorisation, if available, must be made before or immediately after entering the parking area at the pay station or, if available, using the smartphone application shown on the signage displayed.Long-term permits allow unlimited parking during their validity period, calculated in calendar days, ending at midnight on the last day unless otherwise stated.
7.5. Taxes: Parking fees include applicable VAT.

8. Penalties for Violations
8.1. Parking Violations: A "Parking Violation" includes, but is not limited to:
(a) exiting the Parking Area without paying fees, or (if available as a payment option) without subsequent payment of the parking fee within 24 hours;
(b) exceeding paid parking time by more than the designated time for removing the vehicle, or exceeding a granted grace period
(c) exceeding the maximum parking time indicated on the signage (if applicable)
(d) improper reuse of free parking periods;
(e) other violations of these GTC. In case of a parking violation, an appropriate contractual penalty will be imposed on the user:

- Vehicles ≤3.5 t: as indicated on signage.
- Vehicles >3.5 t: at least €80.00 + the forfeited parking fee
- or vehicles whose license plates are not registered in Germany: at least €90.00 + the forfeited parking fee. The amounts specified in Section 8 are due to Mobility Hub Parkservice GmbH in accordance with Section 2 of these GTC.

8.2. Continued parking violations/maximum contractual penalty: Each calendar day on which a violation of these GTC continues shall be treated as a separate offense and constitutes an independent violation under this Agreement. The penalty will be imposed for each calendar day individually. The accumulated penalty owed by the User is capped at a maximum amount of €500.00. This limitation does not apply if the respective parking violations do not immediately follow one another.
8.3. Securing Claims/Increased Administrative Effort: Vehicles with foreign license plates (i.e., not registered in Germany) may, due to the difficulty of identifying the owner and increased administrative effort, be physically restricted from leaving the Parking Area through technical measures, and/or removed from the Parking Area at the User's expense in accordance with Clause 5, to secure payment of the penalty.
8.4. Reservation: In addition to the contractual penalty, Mobility Hub Parkservice GmbH reserves the right to charge the user for any costs and expenses incurred by it and for any other damages incurred by it in connection with the collection and enforcement of the contractual penalty.The right of the owner of the car park to claim further damages suffered by the owner of the car park remains unaffected.

9. Data Protection: The processing of personal data by the operator is limited to what is necessary to ensure the proper operation of the parking area and the provision of contractual services. Mobility Hub Parkservice GmbH may, in the event of a violation of these GTC, collect and process additional data, in particular the data of the vehicle owner, by making inquiries with the Federal Motor Transport Authority or other authorities or service providers. Such inquiries are conducted exclusively to enforce and pursue any claims against the vehicle owner, driver, or user arising from or in connection with the use of the parking area, particularly claims for payment, damages, possession protection, and/or injunctive relief. Further details can be found in the data protection notice.

10. Liability: The liability of the operator, its employees, or agents is excluded for damages and claims for compensation, regardless of the legal basis, unless these are based on intent or gross negligence. In the event of at least negligent breach of a material contractual obligation that defines the contract and on which the user is entitled to rely ("cardinal obligation"), liability is limited in amount to the, at the time of contract conclusion, foreseeable and contract-typical damage. The operator's liability for damages caused by other users or third parties is excluded. The above limitations of liability do not apply to personal injuries, i.e., damages resulting from injury to life, body, or health, in cases of liability under the Product Liability Act, or in the event of the assumption of a guarantee.

11. Partial Invalidity: Should individual regulations of these GTC (General Terms and Conditions) be or become invalid, the validity of the remaining regulations shall remain unaffected.

12. Place of Jurisdiction: If the user is a business entity, the place of jurisdiction for all legal disputes, regardless of the legal basis, shall be the registered office of the operator , unless mandatory legal provisions prescribe a different place of jurisdiction.