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General Terms and Conditions for the Use of Parking Spaces on the Grounds of Düsseldorf Airport

Preamble:
The following General Terms and Conditions of Business, Parking and Use for the use of parking spaces on the premises of Düsseldorf Airport (GTC) are used exclusively by Flughafen Düsseldorf GmbH.

They apply when using the car parks/parking areas
P1, P2, P3, P4, P5, P7, P8, P12, P23, P24 and P26
on the premises of Düsseldorf Airport) as being operated by

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

represented by the managing directors Thomas Schnalke (Chairman of the Management Board) and Lars Mosdorf.

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

The parking facility provider Flughafen Düsseldorf GmbH is hereinafter uniformly referred to as the "Lessor".

The contractual partner is referred to in each case as customer/renter.

The parking reservation system and the use of the services offered by the Lessor are subject to the following provisions. The published version valid at the time of booking is authoritative. These General Terms and Conditions can be called up/retrieved and saved at the time of conclusion of the contract via the car park booking system and also at any time via https://www.dus.com/de-de/parken/informationen.

These GTC are structured as follows: Section A. describes the general online contractual terms and conditions for booking parking spaces via the online booking system. Section B. contains the General Terms and Conditions of Hire, including the provisions of the Hire Contract. Section C. contains the General Terms and Conditions of Use.


Right of withdrawal

The rental contract can be revoked by the customer in accordance with the following instructions within the framework of the statutory right of revocation if the customer acted as a consumer within the meaning of § 13 BGB. Consumers within the meaning of § 13 BGB are natural persons who conclude the contract for a purpose that can be attributed neither to their commercial nor their independent professional activity.

Cancellation policy

Right of withdrawal


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 withdrawal period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. The revocation is to be addressed to:


Flughafen Düseldorf GmbH
Airport St. 105
40474 Düsseldorf
Fax: 0211-421-25500
Email: parken@dus.com

You can use the model withdrawal form below, which is not mandatory.

In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation
If you withdraw from this contract, we must refund all payments we have received from you without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal 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 for this repayment.

If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

Expiry of the right of withdrawal
The right of withdrawal shall expire if the trader has performed the service in full and has only started to perform the service after the consumer has given his express consent to this and at the same time confirmed his knowledge that he shall lose his right of withdrawal upon full performance of the contract by the trader.


Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back.

  • To [insert name, address and, where appropriate, fax number and e-mail address of the trader by the trader]:
  • 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


A. General Online Contract Terms

I. Booking process

  1. The website www.dus.com provides an online booking system for the use of parking spaces at Düsseldorf Airport. The system can be used to book parking spaces by entering the date and time of the desired entry and exit as well as an optional discount code.
  2. In accordance with the selection made, the customer receives an offer for available parking facilities, stating the parking area, the distance to the terminal (approx. information) and the price for the parking space (including VAT). This amounts to 3.00 Euro per booking for standard bookings and 9.00 Euro per booking for express bookings shown in the booking system and serves to cover the costs incurred by the lessor for handling the booking process.
  3. The customer can proceed with the booking as an already registered customer, as a new customer or as a guest. As a new customer, the next step is to enter personal data (name, address, e-mail address, contact details). New customers have the option of creating a new customer account by entering a user name and password. If the booking is made as a customer who is already registered and logged in, the personal details from the customer account are transferred to the booking mask. As a guest user, your personal data will be stored for one-time booking.
  4. A payment of the booking is possible among other things in the way of prepayment by credit card and PayPal. According to the selected payment method, the payment method information is required. The parking fee for products with the payment method "payment at the pay station" is paid at the pay station before leaving the parking facility. When using a QR code for entry, payment can be made at the pay station using any credit or EC card.
  5. If the customer has taken an entry ticket (parking ticket) for entry without using the QR code, he/she must pay the parking fee on the basis of the prices displayed on site before exit at the automatic pay station or by presenting the entry ticket at the parking service centre on site.
  6. The QR code sent with the booking confirmation in digital form or as a printout serves as proof of entry authorisation. Please note that the scan of the QR code is absolutely necessary for entry to the car park/parking area under the terms and conditions of the online booking.
  7. Before completing the booking, the customer receives an overview of his selection and the personal and payment data he has entered. For the completion of the booking, it is necessary that the customer takes note of these General Terms and Conditions, the Privacy Policy as well as the reference to the online dispute resolution platform of the EU and agrees to their validity by placing a check mark.
  8. The booking on the part of the customer is completed when the online form is sent by clicking the "book now" button.
  9. The customer has the possibility to correct his entries at any time up to the submission of the online contract form by navigating back and forth between the individual steps.
  10. You can find more information about booking parking spaces online here and in the "FAQ" (frequently asked questions) section at https://www.dus.com/de-de/parken/informationen.
If you have any questions or technical problems in connection with online booking, we are available by telephone on +49 (0) 211 421-25 500.


II. Conclusion of contract/cancellation free of charge

  1. The provision of the online booking system does not constitute a legally binding offer on the part of the lessor, but merely a non-binding invitation to the customer to submit an offer to the lessor for the conclusion of a parking space rental agreement.
  2. By sending the online contract form, the customer makes a binding offer to conclude a parking space rental contract.
  3. The acceptance of this offer is made by an e-mail confirmation of the landlord, which is sent immediately after submission of the offer (contract confirmation). The confirmation is sent electronically to the e-mail address provided by the customer. The confirmation e-mail contains the declaration of acceptance of the offer with information on the booking as well as the entire content of the contract, i.e. also these General Terms and Conditions as well as the invoice. The customer has waived the right to a paper copy of the contract in advance of submitting his offer declaration. Important: The customer undertakes to check his inbox, including any spam mailboxes, to see whether he has received the confirmation. If the customer has not received the confirmation, he/she should immediately contact the contact details given above.
  4. Upon acceptance of the offer, a rental agreement is concluded between the customer and the lessor with the content and in accordance with these General Terms and Conditions.
  5. In principle, the customer has the possibility to cancel or rebook his pitch free of charge up to 24 hours before the start of the booking period. If the customer has opted for an express booking, he has the option to cancel or rebook his pitch free of charge up to 2 hours before the start of the booking period. There is no service fee for the one-time rebooking.
  6. An express booking is when there are less than 24 hours between the booking and parking period. It is shown as such in the booking system.


B. General terms and conditions

The following general terms and conditions apply to all online parking space bookings.

I. Rental agreement

  1. Upon conclusion of the parking space rental agreement by means of the contract confirmation, the Lessor shall be obliged to provide the Lessee with the parking facility specified in the contract confirmation for the parking period specified in the contract confirmation (rental period) or a parking space for use against payment of the rent (parking fees) specified in the contract confirmation. During the rental period, the Lessee is entitled to enter and exit the parking facility once (no permanent rental agreement). There is no entitlement to a specific parking space in the parking facility named in the confirmation of contract.
  2. Guarding, monitoring, safekeeping and the granting of insurance cover are not the subject of the rental contract. Even if staff is present in the parking facility or the parking area is monitored using optical-electronic equipment (video surveillance), this shall not be associated with any assumption of care or liability, in particular not for theft or damage by other tenants or other third parties. In the case of video surveillance, the responsible party within the meaning of Art. 4 No. 7 DS-GVO is the lessor (for name and address, see preamble).
  3. The Lessee is obliged to report obvious damage to the personnel responsible for the parking facility and, if necessary, to be contacted via the emergency call, before leaving the parking facility and to give them the opportunity to inspect the vehicle. If this is exceptionally not possible or not reasonable for the Lessee, the notification must be made in writing to the Lessor at the address stated in the preamble no later than 14 days after the damage has occurred. In the case of damage that is not obvious, the report must be made in writing within 14 days of the discovery of the damage (cut-off periods).
  4. If the lessee breaches his duty of notification in accordance with the above paragraph, all claims for damages by the lessee against the lessor shall be excluded, unless the lessee is not responsible for the breach. This exclusion of liability shall not apply if the lessee has suffered personal injury or the lessor has caused the damage by gross negligence or wilful misconduct, or if there has been a breach of material contractual obligations (see IV below).

II. Rental fee/parking and service fee

  1. The rental fee ("Parking Fee") shall be determined according to the dwell time between the entry and exit of a vehicle into or from the parking facility ("Rental Period") or the Rental Period stated in the Contract Confirmation. The parking fee is payable in accordance with the contents of the contract confirmation.
  2. The parking fee shown in the booking screen is to be paid immediately by credit card or PayPal for products with the payment method "prepayment". Otherwise on site.
  3. A refund of the parking fees in the event that the customer does not use the rented parking space is only possible in accordance with the applicable legal provisions (currently: § 537 BGB) and is otherwise excluded. A pro rata refund of the parking fees is excluded if the customer drives out of the parking facility before the end of the rental period stated in the contract confirmation.
  4. In the case of products with the payment method "payment at the pay station", the parking fee must be paid at the pay station using the parking ticket generated by means of the QR code or at the service centre on site before exiting.
  5. If the customer has drawn an entry ticket (parking ticket) at the barrier system, the parking fee must be paid with the drawn parking ticket at the automatic pay station or by presenting the parking ticket at the parking service centre on site.
  6. For all online car park bookings, the service fee of 3.00 Euro or 9.00 Euro for express bookings shown in the booking mask must be paid immediately by way of advance payment when booking by credit card or PayPal.
  7. A refund of the service fee is excluded, especially in the event that the customer does not use the booking or the parking space or does not enter the parking facility within the booking/rental period.

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

  1. The contract ends with the expiry of the rental period, unless the contract is terminated beforehand without notice or something else is expressly agreed. The ordinary termination of the rental contract is excluded for the rental period.
  2. The maximum rental period is shown in 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 his obligation to remove the vehicle from the parking facility, the Lessor shall be entitled to remove the Lessee's vehicle from the parking facility after prior written request and setting of a reasonable deadline and threat of removal. The Lessee shall bear the costs of eviction, storage, recycling and disposal, unless the Lessee is not responsible for the failure to evict.
  3. If the Lessee does not remove his vehicle from the parking facility after the expiry of the rental period, the Lessee shall owe compensation for use for the period until the removal of the vehicle in the amount of the parking fees according to 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 is to be paid before the exit at the cash machine on site.
  5. Each party is entitled to terminate the contract without notice for good cause. An important reason for the lessor is given in particular if the tenant, despite warning, again or continues to violate the terms of use according to section C, unless the tenant is not responsible for the offense.
  6. In the event of a breach of the conditions of use in accordance with Section C or other disturbances of possession, the Lessor shall be entitled to have the vehicle towed away immediately at the Lessee's expense. The Lessor shall also be entitled to remove the vehicle from the parking facility in the event of urgent danger.

IV. Liability of the Lessor

  1. During the term of the rental agreement, the Lessor shall be liable for damages that are demonstrably culpably caused by breaches of duty on the part of the Lessor, its employees or agents. Accordingly, the Lessor shall not be liable for damage caused solely by natural events, other Hirers or other third parties and in particular as a result of theft or damage to the vehicle.
  2. The Lessor shall only be liable for breaches of duty in the event of intent or gross negligence, unless otherwise stipulated below. In the event of simple negligence, the Lessor shall only be liable in the event of injury to life, limb or health caused by a culpable breach of duty (personal injury) or in the event of a breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose fulfilment the lessee relies and may rely, in particular the obligation to transfer use and the payment of the rental price.
  3. Insofar as the liability of the Lessor is excluded or limited, this shall also apply to the personal liability of the Lessor's employees, representatives and vicarious agents in connection with the rental agreement.

V. Liability of the lessee

The lessee is liable for all damage culpably caused to the lessor or third parties by himself, his employees, his agents or his companions. In addition, he shall be liable for culpably caused soiling and damage to the parking facility. Any further legal liability of the Lessee shall remain unaffected.

VI. Access medium

  1. To enter the parking facility, the Hirer must scan the QR code provided in the booking confirmation at the reader provided for this purpose. A parking ticket will then be generated for payment of the parking charges, which must be paid at the pay station before exit, unless the parking charges have already been paid in advance. Only the QR code specified at the time of booking should be used for entry. No additional parking ticket should be taken out. This is not taken into account by the booking system and must be charged or reimbursed separately in accordance with the prices applicable in the parking facility.
  2. If it is not possible to use the credit or EC card (access card) or the QR code provided for technical reasons, the customer must press the call assistance button on the entry terminal and follow the instructions of the service staff.

    For the Lessor, the respective owner of the access medium (access/entry card) has the right to use the vehicle and the rented parking space. The Lessor is entitled, but not obliged, to verify this entitlement.
  3. If the Lessee does not use the access medium provided for this purpose in accordance with Clause 1 when leaving or if he has lost this before leaving, so that the specific rental period cannot be determined, the Lessee shall owe a lump-sum reimbursement of expenses in the amount of a daily parking fee, which shall be determined in accordance with the prices posted in the parking facility, unless the Lessee is not responsible for this or proves that expenses were not incurred or were significantly lower than the lump sum;
  4. For bookings made before 19 July 2021, the customer must insert the EC or credit card provided at the time of booking into the barrier system as a means of identification. They will then receive a parking ticket which they must pay for at the pay station before leaving the car park.

C. General terms and conditions of use

  1. The vehicle can only be dropped off and picked up during the opening hours posted on site or otherwise announced.
  2. The tenant is entitled to park passenger cars without trailers in the parking facility (vehicles). Motorcycles may only be parked if this is expressly permitted by a corresponding sign. The prerequisite for parking authorisation is always that the parked vehicle has third-party insurance, an official registration number (§ 23 StVZO) and a valid official inspection sticker (e.g. TÜV).
  3. Vehicles may only be parked within the marked parking spaces, and only one vehicle per parking space. Reverse parking is not permitted. If instruction personnel are working on site, the tenant must park in the space allocated to him. If parking spaces are reserved for tenants with special authorisation (e.g. long-term parkers, disabled persons), the tenant must provide proof of this on request.
  4. Within the parking facility, the vehicle may be moved at no more than walking speed.
  5. The following is not permitted in the parking facility:
    • the parking of trailers;
    • the unauthorised parking of vehicles outside the parking space markings, such as in the roadway area, in two parking spaces, in front of emergency exits, in disabled parking spaces, in parking spaces marked as reserved or in hatched areas.
    • the storage of operating materials and inflammable objects as well as empty operating material containers;
    • the unnecessary running of engines;
    • the annoyance of the neighbourhood by exhaust gases and noises, in particular by running or trying out the engine for a longer period of time and by sounding the horn;
    • the parking of vehicles with a leaking tank, engine, damaged oil, cooling water, air conditioning tank and carburettor or with damage endangering the operation of the parking facility, or in an otherwise unsafe condition for traffic;
    • refuelling the vehicle;
    • staying in the parking facility, unless it is exclusively related to the parking of a vehicle, in particular camping;
    • repairing or maintaining vehicles;
    • soiling the parking facility, in particular by cleaning the vehicle, draining coolant, fuel or oil;
    • walking on the carriageways, including entrances and exits, unless there are no pavements or verges;
    • smoking and using fire;
    • riding bicycles, mopeds, inline skates, skateboards and other vehicles or equipment and parking them in the parking facility;
    • distributing advertising material
  6. The Hirer must also follow the instructions of the staff and observe the traffic signs and information signs on site. In all other respects, the Airport User Regulations and the provisions of the Road Traffic Regulations shall apply accordingly.

D. Notice regarding the EU online dispute resolution platform

The European Commission has set up a platform for the online settlement of disputes ("ODR platform") between entrepreneurs and consumers (Article 14 (1) ODR Regulation). The ODR platform can be reached at https://ec.europa.eu/consumers/odr/ We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

E. Applicable law, agreement on jurisdiction, translations

  1.  If the tenant is a consumer, the mandatory provisions of the law in which the tenant usually resides shall apply.
  2. Outside the scope of consumer protection standards. In all other respects, German law shall apply to the exclusion of the conflict of laws rules of private international law.
  3. If the lessee is a merchant, the place of jurisdiction for all legal disputes, irrespective of the legal grounds, shall be the lessor's place of business, i.e. Düsseldorf, unless another place of jurisdiction is prescribed by law.
  4. In the event of a translation of these General Terms and Conditions, only the German version shall remain legally binding.
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