Preamble:

The following General Terms and Conditions, Parking Regulations, and Terms of Use for the Use of Parking Spaces on the Premises of Düsseldorf Airport (GTC) are used exclusively by Flughafen Düsseldorf GmbH.

They apply to the use of the parking garages/parking areas
P1, P2, P3, P4, P5, P7, P8, P12, P12a, P13, P23, P24, and P25 on the premises of Düsseldorf Airport) as agreed by

Flughafen Düsseldorf GmbH
Flughafenstr. 105
40474 Düsseldorf
Phone: 0211/421-0
Fax: 0211/421-6666

represented by the managing directors Lars Redeligx (chairman of the management board) and Pradeep Pinakatt

which becomes the sole contractual partner of the respective parking customer/tenant when using these parking areas.

The parking space provider is hereinafter referred to as the “landlord.”

The contractual partner is referred to as the customer/tenant.

Commercial subletting of parking spaces to third parties is prohibited. The tenant is not entitled to offer or market the parking space via third-party platforms or brokerage sites.

The parking space booking system and the use of the services offered by the Lessor are subject to the following provisions. The version valid at the time of booking is authoritative. These General Terms and Conditions can be accessed when concluding the contract via the parking space booking system and at any time via https://www.dus.com/de-de/parken/informationen.

These General Terms and Conditions are structured as follows: Section A describes the general online contract terms and conditions for booking parking spaces via the online booking system. Section B contains the general parking conditions, including the provisions of the rental agreement. Section C contains the general terms of use.

Right of withdrawal

The rental agreement may be revoked by the customer in accordance with the following information within the scope of the statutory right of withdrawal if the customer acted as a consumer within the meaning of § 13 BGB (German Civil Code). Consumers within the meaning of § 13 BGB are natural persons who conclude the contract for a purpose that cannot be attributed to their commercial or self-employed professional activity.

Cancellation policy

Right of cancellation

As a consumer, you have the right to cancel the contract for the use of the parking space within fourteen days without giving any reason.

The cancellation period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). The withdrawal must be addressed to:

Flughafen Düsseldorf GmbH
Flughafenstr. 105
40474 Düsseldorf
Telefon: 0211-421-25500
E-Mail: parken@dus.com

You may use the sample withdrawal form below, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of your 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 you for all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this reimbursement as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this repayment.

If you have requested that the services 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 you notify us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.

Expiration of the right of withdrawal

The right of withdrawal expires if the entrepreneur has fully performed the service and only began performing the service after the consumer gave their express consent and at the same time confirmed their awareness that they would lose their right of withdrawal upon complete fulfillment of the contract by the entrepreneur.

Sample withdrawal form:

If you wish to cancel the contract, please fill out this form and return it.
- To [insert the name, address, and, if applicable, fax number and email address of the entrepreneur]:
- I/we (*) hereby withdraw from 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

A. General Online Terms and Conditions

I. Booking Process

1. An online booking system for parking spaces at Düsseldorf Airport is available via the website www.dus.com. The system allows users to enter the date and time of their desired arrival and departure, as well as an optional discount code.
2. Before submitting the offer, the customer is given the opportunity to view and save the information in accordance with Art. 246 a EGBGB via a link.
3. The ordering process is designed in such a way that a consumer in accordance with § 13 BGB confirms their commitment to make a payment by clicking on the “order and pay” button.
4. Based on the selection made, the customer receives an offer for available parking spaces, specifying the parking area, the distance to the terminal (approximate information), and the price for the parking space (including VAT). In addition, a service fee is charged for each booking transaction. This fee is €3.00 per booking for standard bookings and €10.00 per booking for express bookings shown in the booking system and serves to cover the costs incurred by the lessor for processing the booking. The service fees are specified in the selection screen for parking options in the respective specific amount.
5. The customer can proceed with the booking as a registered customer, a new customer, or a guest. As a new customer, the next step is to enter personal data (name, address, email address, contact details). New customers have the option of creating a new customer account by entering a username and password. If the booking is made as a registered and logged-in customer, the personal details from the customer account are transferred to the booking form. As a guest user, your personal data is stored for a one-time booking and deleted after the contract has been processed.
6. Payment for the booking can be made in advance by credit card or PayPal, among other methods. Depending on the selected payment method, payment information must be provided.
7. Before submitting the offer, the customer will receive complete information about the accepted payment methods.
8. The license plate number specified in the booking or the booking confirmation, which contains a reference to the stored license plate number authorized for entry and a replacement identification medium, the QR code, serves as proof of entry authorization. The customer can print out and save the booking confirmation.
9. Before completing the booking, the customer will receive an overview of their selection and the personal and payment details they have entered. To complete the booking, the customer must read these General Terms and Conditions, the Privacy Policy, and the note on the EU's online dispute resolution platform and agree to their validity by ticking a box. The customer will be given the opportunity to access and save the aforementioned documents via a link.
10. The customer's booking is completed by submitting the online form by clicking on the “Proceed to payment” button. The customer will receive electronic confirmation of receipt of their booking.
11. The customer has the option of correcting their entries at any time before submitting the online contract form by navigating back and forth between the individual steps.
12. If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), Flughafen Düsseldorf GmbH shall ensure that the consumer also receives any updates required to maintain contractual compliance by digital means during the relevant period.
13. Flughafen Düsseldorf GmbH has taken into account the requirements of credit card companies, in particular with regard to PCI DSS certification.

Further information on online parking reservations can be found here and in the FAQ section at https://www.dus.com/de-de/parken/informationen.

If you have any questions or technical problems relating to online booking, please call us on +49 (0) 211 421-25 500.

II. Conclusion of contract/cancellation for parking space bookings

The provision of the online booking system does not constitute a legally binding offer by the lessor, but merely a non-binding invitation to the customer to submit an offer to the lessor to conclude a reservation or parking space rental agreement.

1. By submitting the online contract form, the customer makes a binding offer to conclude a parking space rental agreement.
2. This offer is accepted by means of an email confirmation from the lessor, which is sent immediately after the offer is submitted (contract confirmation). The confirmation is sent electronically to the email address provided by the customer. The confirmation email contains the declaration of acceptance of the offer with information about the booking and the entire content of the contract, i.e., these General Terms and Conditions and the invoice. The customer has waived a paper copy of the contract in advance of submitting their offer.
3. Important: The customer undertakes to check their inbox, including any spam folders, to see whether they have received the confirmation. If the customer has not received the confirmation, they should contact the above contact details immediately.
4. Upon acceptance of the offer, a rental agreement with the content and in accordance with these General Terms and Conditions is concluded between the customer and the lessor.
5. The customer generally has the option of canceling their parking space up to 24 hours before the start of the booking period or rebooking it once free of charge. If the customer has opted for an express booking, they have the option of canceling their parking space up to one hour before the start of the booking period or rebooking it once free of charge. In the event of cancellation, the parking fee is waived, but the service fee remains. No new service fee is charged for a one-time rebooking.
6. An express booking is when there are less than 24 hours between the booking and parking periods. It is explicitly identified as such in the booking system. This booking can be canceled up to one hour before the start of the booking period at the latest.

III. Conclusion of contract for Pay Per Use

1. Düsseldorf Airport has introduced an online product called “Pay Per Use” for parking space 12a. In principle, this provides customers who provide transfer services at the airport with access authorization and the possibility to use parking spaces that are exclusively used for so-called transfer parking (transport services). Bookings in the system can only be made by companies that provide such transfer services. Bookings for or use of the parking spaces by consumers within the meaning of Section 13 of the German Civil Code (BGB) are not permitted.
2. During the booking process, the company data is registered and the license plate number(s) of the vehicles used is/are recorded. The following data must be entered in the booking portal:
a) The name of the company for which the trips are being made, with the full address.
b) The license plate numbers of the vehicles used for transfer parking.
c) The payment method (credit card) used to charge the basic rental price and the usage fees for the use of parking spaces.
3. The provisions in these General Terms and Conditions also apply to transfer parking, unless specific provisions are made or contained in these General Terms and Conditions.
4. By submitting the online contract form, the customer (the company providing transfer services) makes a binding offer to conclude an open-ended permanent rental agreement (continuing obligation). Acceptance is confirmed by a corresponding digital confirmation from the lessor. The confirmation contains: customer name and address, date, parking object, start of parking authorization, booking number, and license plate number.
5. For this permanent rental agreement, the customer pays the monthly flat rate shown in the booking system as a basic fee. This is payable for the sole purpose of reserving the space quota for the transfer services. The credit card is charged in advance and by the 3rd day of the current month.
6. Based on the long-term rental agreement, the customer is given the opportunity to use the designated parking spaces freely. A separate booking in the system is not necessary. The specific period of use is defined by the license plate number stored in the system when entering and exiting. An access medium for the respective parking space use is not required.
7. Payments for the actual use of a Transferparken parking space shall be made exclusively via the credit card stored in the booking system, immediately after leaving parking space 12a.
8. The respective period of use shall be determined by the license plate number. The usage fee shall be calculated in accordance with the rates published for parking space 12a.
9. When booking online, the customer expressly consents to the use (collection, storage, and transmission) of their credit card details during the term of the contract and for contractual purposes.
10. The long-term rental agreement can be terminated via the booking portal with three months' notice. In order to comply with the aforementioned notice period, the termination must be received by Flughafen Düsseldorf GmbH by the 3rd day of the current month. The contract then ends at the end of the month following the month after the termination.
11. Flughafen Düsseldorf GmbH is entitled to adjust the monthly basic fee for transfer parking with two weeks' notice. It will provide the customer with this information by email. If the customer does not agree with a price adjustment, they are entitled to terminate the continuing obligation with immediate effect without observing a notice period. Termination can be effected by clicking on the “Cancellation” button or by sending a letter, fax, or email to FDG at the following address:

Flughafen Düsseldorf GmbH
Flughafenstr. 105
40474 Düsseldorf
Telefax: 0211/421-6666
parken@dus.com

12. If it is not possible to charge the credit card stored in the booking portal, Flughafen Düsseldorf GmbH will attempt to make another debit after 7 (seven calendar days). If this also fails, the vehicles registered in the booking portal for which the debit has failed twice will be immediately blocked from further access to Düsseldorf Airport. As soon as the user registers a valid credit card in the online customer portal, FDG will attempt to make another debit. If this also fails, the vehicles registered in the booking portal will remain blocked. Blocked vehicles can only be unblocked after the outstanding amounts have been paid in full and only on the following working day.

III. Use of the online booking system by secondary providers

1. In order to meet the demand for parking spaces in the immediate vicinity of Düsseldorf Airport at socially acceptable prices, it is in the interest of the lessor, as the parking space provider, to prohibit the unauthorized, commercial, or industrial transfer and corresponding offering of parking ticket bookings for parking spaces at Düsseldorf Airport at increased prices. The lessor is the primary provider of parking tickets for the parking facilities at Düsseldorf Airport, which are sold directly via its online booking system at https://www.dus.com/de-de/parken. The authorization of individual secondary providers is possible, but requires the express prior written consent of the lessor. The booking of parking tickets via the lessor's online booking system is therefore only permitted for direct customers for non-commercial or non-business purposes. Any unauthorized, commercial or business (i.e., profit-oriented) transfer or corresponding offering of these parking ticket bookings on the market is expressly prohibited. In particular, it is not permitted to
a. carry out unauthorized commercial or business parking ticket bookings for third parties in return for a service fee or other remuneration in the form of a business transaction (e.g., through automated real-time queries), regardless of whether the contract is concluded between the lessor and the business agent or the third party,
b. to pass on (e.g., resell) or offer unauthorized parking ticket bookings in return for a service fee or other remuneration, if the price is higher than the price according to the Lessor's currently valid price list,
c. regularly and/or in large numbers passing on (e.g., reselling) or offering unauthorized parking ticket bookings for commercial or business purposes,
d. using or allowing the use of unauthorized parking ticket bookings for commercial or business purposes.

2. In the event of a breach of the provision in Section III.1, the Lessor shall be entitled to impose an appropriate contractual penalty of up to €2,000 for each case of infringement. This serves primarily to prevent unauthorized secondary business models through commercial or industrial distribution or corresponding offers and to protect customers from excessive prices due to additional service charges or other fees for parking tickets for the Lessor's parking space. The amount of the contractual penalty is determined in particular by the number of infringements, any proceeds or profits generated by the unauthorized distribution or corresponding offers, the type and degree of fault (intent or negligence), efforts and successes of the offender in terms of compensation for damages, necessary expenses for prosecuting violations, the question of whether and to what extent the offender is a repeat offender, and the number of parking tickets offered, sold, passed on, or used. The exact amount of the contractual penalty shall be determined by the lessor at its reasonable discretion in each individual case and shall be reviewed for appropriateness by the competent court in the event of a dispute. The contractual penalty shall be offset against any claims for damages by the lessor due to the violation.
3. In addition to imposing a contractual penalty in accordance with Section III.2, the lessor is entitled to skim off any financial advantage gained from the commercial or industrial transfer or corresponding offering of the parking tickets. This includes any additional revenue (e.g., from service fees or other charges) from the unauthorized transfer or offering of parking tickets within the meaning of Section III.1. The criteria specified in Section III.2 and the amount of any contractual penalty imposed shall be decisive in determining whether and to what extent the additional revenue must be paid out.
4. The assertion of further damages remains expressly reserved.
5. The data and information stored in the online booking system constitute a database within the meaning of Section 87a of the German Copyright Act (UrhG) and are protected in favor of the lessor. Any use, reproduction, or distribution of this database (in whole or in substantial parts) without express license is prohibited. Illegal interference with this exclusive right of the lessor will be prosecuted.

B. General Terms and Conditions

The following General Terms and Conditions apply to online parking reservations (see section A above).

I. Rental agreement

1. Upon conclusion of the parking space rental agreement by means of the contract confirmation, the lessor is obligated to grant the lessee the use of the parking facility specified in the contract confirmation for the parking period (rental period) specified in the contract confirmation. In the case of the “Pay per Use” product, there is an unlimited right of use for the parking spaces belonging to the product during the term of the contract. During the rental period, the lessee is entitled to enter and exit the parking facility once for products with a fixed term (no permanent rental agreement). There is no entitlement to a specific parking space in the parking facility specified in the contract confirmation.
2. Security, surveillance, safekeeping, and insurance coverage are not covered by the rental agreement. Even if staff are present in the parking facility or the parking space is monitored by optical-electronic devices (video surveillance), this does not imply any assumption of custody or liability, for theft or damage by other tenants or other third parties. In the case of video surveillance, the controller within the meaning of Art. 4 No. 7 GDPR is the lessor (name and address see preamble).
3. The lessee is obliged to report obvious damage to the personnel responsible for the parking facility, who must be contacted via the emergency number if necessary, before leaving the parking facility and to give them the opportunity to inspect the vehicle. If, in exceptional cases, this is not possible or reasonable for the lessee, the damage must be reported in writing to the lessor at the address stated in the preamble no later than 14 days after the damage occurred. In the case of damage that is not obvious, the report must be made in writing within 14 days of the damage being discovered (preclusive periods).
4. If the lessee violates his duty to report damage in accordance with the preceding paragraph, all claims for damages by the lessee against the lessor are excluded, unless the lessee is not responsible for the violation. This exclusion of liability shall not apply if the lessee has suffered personal injury or if the lessor has caused the damage through gross negligence or intent, or if there has been a breach of essential contractual obligations (see section IV below).

II. Rental price/parking and reservation fee

1. The rental fee (“parking fee”) is determined by the length of time between a vehicle entering and leaving the parking facility (“rental period”) or the rental period specified in the contract confirmation. The parking fee is payable in accordance with the terms of the contract confirmation.
2. The parking fee stated in the booking form must be paid immediately by credit card or PayPal for products with the “prepayment” payment method. Otherwise, payment is made on site. If the rental period is exceeded, the renter has the option of paying the additional parking fees on site at the pay station or digitally at dus.com/pay.
3. A refund of parking fees in the event that the customer does not use the parking space rented for a fixed term is only possible in accordance with the applicable legal provisions (currently: Section 537 of the German Civil Code (BGB)) and is otherwise excluded. A pro-rata refund of parking fees is excluded if the customer leaves the parking facility before the end of the rental period specified in the contract confirmation.
4. For products with the payment method “payment at the pay station,” the parking fee must be paid at the pay station before exiting, using the parking ticket generated by means of a QR code.
5. If the customer has taken an entry ticket (parking ticket) at the barrier system upon entry, the parking fee must be paid at the pay station before exiting using the parking ticket taken or by presenting the parking ticket at the on-site parking service center.
6. For all online parking reservations, the service fee of €3.00 or €10.00 for express reservations shown in the booking form must be paid immediately in advance by credit card or PayPal when making the reservation.
7. The service fee will not be refunded in the event of cancellations or in the event of a refund of parking fees in accordance with § 537 BGB (Section II 3).

III. Parking duration, maximum parking duration, termination, compensation for use

1. The contract ends at the end of the rental period, unless the contract is terminated without notice beforehand or something else is expressly agreed. Ordinary termination of the rental contract is excluded for the rental period.
2. The maximum rental period is indicated during the booking process. It is generally 6 weeks. The lessee is obliged to remove the parked vehicle from the parking facility immediately after the end of the contract or after the expiry of the rental period. If the lessee fails to comply with their obligation to vacate, the lessor is entitled, after prior written request setting a reasonable deadline and threatening eviction, to remove the lessee's vehicle from the parking facility. The renter shall bear the costs of removal, storage, disposal, and recycling, unless the renter is not responsible for the failure to remove the vehicle.
3. If the lessee does not remove their vehicle from the parking facility after the rental period has expired, the lessee shall owe compensation for use for the period until removal in the amount of the parking fees as shown in the price list valid at the time of entry of the vehicle, which is displayed on site in the parking facility.
4. The compensation for use must be paid at the ticket machine on site before exiting.
5. Each party is entitled to terminate the contract without notice for good cause. Good cause for the lessor shall be deemed to exist in particular if the lessee, despite a warning, repeatedly or continuously violates the terms of use in accordance with Section C, unless the lessee is not responsible for the violation.
6. In the event of a violation of the terms of use in accordance with Section C or other disturbances of possession, the lessor is entitled to have the vehicle towed away immediately at the lessee's expense. The lessor is also authorized to remove the vehicle from the parking facility in the event of imminent danger.

IV. Liability of the lessor

1. During the term of the rental agreement, the lessor shall be liable for damage that can be proven to have been caused culpably by breaches of duty on the part of the lessor, its employees, or agents. The lessor shall therefore not be liable for damage caused solely by natural events, other tenants, or other third parties, and in particular damage resulting from theft or damage to the vehicle.
2. The lessor shall only be liable for breaches of duty in cases of intent or gross negligence, unless otherwise specified below. In cases of simple negligence, the lessor shall only be liable if there is injury to life, limb, or health based on a culpable breach of duty (personal injury) or a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the lessee relies and may rely, in particular the obligation to transfer use and the payment of the rental price.
3. Insofar as the lessor's liability is excluded or limited, this also applies to the personal liability of the lessor's employees, representatives, and vicarious agents in connection with the rental agreement.

V. Tenant liability

The lessee is liable for all damage culpably caused by himself, his employees, his agents, or his accompanying persons to the lessor or third parties. He is also liable for culpably caused contamination and damage to the parking facility. Any further legal liability of the lessee remains unaffected by this.

VI. access medium

1. For the “Pay per Use” product, the license plate number stored in the booking system is the only means of identification for entering and exiting. Otherwise, and in all other cases of online booking, the renter receives a QR code that can be used as an additional means of access alongside the license plate number. Apart from the “Pay per Use” product, a parking ticket is generated for all entries into the respective parking facility, which must be used as a payment medium (unless payment has already been made in advance) at the pay station before exiting.
2. If access is not possible for technical reasons, the customer must press the call button on the entry terminal and follow the instructions of the service personnel. For the lessor, the respective owner of the access medium (license plate) has the right to use the vehicle and the rented parking space. The lessor is entitled, but not obliged, to verify this claim.
3. If the lessee does not use the access medium provided for this purpose in accordance with clause 1 when leaving, or if they have lost it before leaving, so that the actual rental period cannot be determined, the lessee shall owe a lump-sum reimbursement of expenses amounting to three days' parking fees, which shall be determined in accordance with the prices displayed in the parking facility, unless the lessee is not responsible for this or can prove that no expenses were incurred or that the expenses incurred were significantly lower than the flat rate.

C. General Terms of Use

I. Vehicles may only be parked and collected during the opening hours posted on site or otherwise announced. The lessee is only permitted to park passenger cars without trailers (vehicles) in the parking facility. Motorcycles may only be parked if this is expressly permitted by a corresponding sign. A prerequisite for parking authorization is always that the parked vehicle has liability insurance, an official license plate (§ 23 StVZO) and a valid official inspection sticker (e.g., TÜV).
1. Vehicles may only be parked within the marked parking spaces, with only one vehicle per parking space.
2. Reverse parking is not permitted.
3. If parking attendants are working on site, the tenant must park in the space assigned to them.
4. If parking spaces are reserved for tenants with special authorization (e.g., long-term parkers, disabled persons), the tenant may only use these parking spaces if he has the necessary authorization. The tenant must provide proof of authorization upon request when using these parking spaces.
5. Vehicles may only be driven at walking speed within the parking facility.
6. The following is not permitted in the parking facility:
• Parking trailers;
• Parking vehicles without authorization outside of marked parking spaces, e.g., on the roadway, across two parking spaces, in front of emergency exits, in disabled parking spaces, in parking spaces marked as reserved, or on hatched areas;
• the storage of operating materials and flammable objects as well as empty operating material containers; the unnecessary running of engines;
• disturbing the neighborhood with exhaust fumes and noise, in particular by running engines for long periods of time, testing engines, or honking horns;
• Parking vehicles with leaking fuel tanks, engines, damaged oil, coolant, air conditioning tanks, and carburetors, or with damage that endangers the operation of the parking facility or is otherwise unsafe for traffic;
• Refueling the vehicle;
• Staying in the parking facility unless it is exclusively in connection with parking a vehicle;
• Repairing or maintaining vehicles;
• Contaminating the parking facility, in particular by cleaning the vehicle, draining coolant, fuel, or oil;
• Walking on the roadways, including the entrances and exits, unless there are separate sidewalks or hard shoulders; smoking or using fire;
• riding bicycles, mopeds, inline skates, skateboards, and other vehicles or devices, as well as parking them in the parking facility;
• distributing advertising material.
The renter must also follow the instructions of the staff and observe the traffic signs and information signs on site. In all other respects, the airport regulations and the provisions of the Road Traffic Regulations (StVO) apply accordingly.

E. Note on the EU Online Dispute Resolution Platform

The European Commission has set up a platform for online dispute resolution (“ODR platform”) between businesses and consumers (Art. 14 (1) ODR Regulation). The ODR platform can be accessed at https://ec.europa.eu/consumers/odr/ We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

F. Applicable law, agreement on place of jurisdiction, translations

I. German law shall apply in principle. For consumers, the law of their habitual residence shall apply if this is more favorable to the consumer than German law.
II. Outside the scope of consumer protection standards, i.e. in all other cases, German law shall apply to the exclusion of the conflict of law rules of private international law.
III. If the lessee is a merchant, the place of jurisdiction for all legal disputes, regardless of the legal basis, shall be the registered office of the lessor, i.e. Düsseldorf, unless another place of jurisdiction is mandatory by law. For consumers, § 29 c ZPO (German Code of Civil Procedure) applies.
IV. In the event of translation of these General Terms and Conditions, only the German version shall be legally binding.
V. The place of jurisdiction for contractual disputes is Düsseldorf as the place of performance.