Parking terms and conditions

Parking Terms and Conditions

I. General Provisions

1. Parkhaus-Betriebsgesellschaft mbH (PBG) provides the customer with a parking space for a passenger car in accordance with the following parking terms and conditions.

2. A rental agreement for a car parking space is concluded upon entry into the car park and the recording of the registration number or acceptance of the parking ticket.

3. Security, surveillance, safekeeping and the provision of insurance cover are not covered by this agreement.

4. Entry to the car park is permitted only for the purpose of parking or collecting the car. Unauthorised persons are prohibited from entering.

5. The parking fee in accordance with the parking tariff must be paid immediately before leaving the car park.

II. Parking Rates and Duration

1. The parking rates for use of the car park and the opening hours are set out in the price list displayed on the notice board.

2. The maximum permitted parking duration for short-term parkers is 1 month.

III. Right of Lien

PBG is entitled to a right of retention and a right of lien on the parked car, its accessories, contents and load in respect of its claims arising from the rental agreement. If the customer is in arrears with the settlement of PBG’s claims for more than two weeks and PBG has given notice of the sale of the pledged property in accordance with the statutory provisions, PBG shall be entitled to sell the pledged property one month after giving such notice.

IV. Lost parking ticket, invoicing

1. If the parking ticket is lost, a parking fee for a minimum of 24 hours must be paid in accordance with the displayed price list.

2. If the customer subsequently submits a receipt and/or a parking ticket within 90 days and the maximum parking fee paid to date exceeds €10, PBG will review the case and refund the difference, minus a service charge of €5, if the subsequently submitted receipt and/or parking ticket proves a shorter parking duration.

3. If the parking fee cannot be paid, or cannot be paid in full, before leaving the car park, the customer must contact PBG directly. The next steps will then be coordinated. If the customer is responsible for being unable to leave the car park, a processing fee of €10 will be charged in addition to the outstanding amount. The customer will receive a written invoice for the outstanding amount, specifying the payment deadline.

4. PBG staff are entitled to request proof of identity by presenting the vehicle registration certificate (Part 1) and an identity card.

V. Terms of Use in the Car Park

The German Road Traffic Regulations (Straßenverkehrs-Ordnung/StVO) apply in the car park. The maximum speed limit is 10 km/h. Instructions given by PBG staff must be followed. In addition to the official regulations, the following prohibitions apply in the car park:

1. Driving any vehicles or operating any play equipment other than a passenger car (without a trailer).

2. Smoking and the use of fire or naked flames.

3. Carrying out any work on the car, including refuelling.

4. Leaving the engine running unnecessarily, sounding the horn and any other potential nuisance caused by avoidable noise.

5. Disposal of waste of any kind and the storage of items in the car park.

6. Parking a car with leaking technical components or other technical faults that pollute or endanger the car park.

7. Parking of vehicles not officially registered.

8. Unauthorised parking of vehicles in spaces marked as reserved, as well as outside the parking space markings, e.g. on the carriageway, across more than one parking space, in front of emergency exits or on hatched areas.

9. Use of special parking spaces without the requisite authorisation

in particular, of parking spaces for vehicles of persons with disabilities within the meaning of Section 45(1)(b)(2) of the German Road Traffic Regulations (Straßenverkehrs-Ordnung/StVO) without a disability badge, or
of parking spaces for electric vehicles (BEV/PHEV) without charging taking place.

VI. Terms and Conditions of Liability

1. Vehicles are parked at the customer’s own risk. No insurance cover is provided.

2. PBG shall be liable for damage not resulting from wilful misconduct or gross negligence on the part of PBG or its vicarious agents only up to a maximum amount of €15,000. However, PBG shall be liable without limitation for damage resulting from wilful misconduct or gross negligence on the part of PBG or its vicarious agents.

3. However, PBG shall be liable without limit for damage resulting from injury to life, limb or health, even in cases of simple negligence. The same applies to damage resulting from the breach of essential contractual obligations (cardinal obligations), but only for damage that was foreseeable at the time the contract was concluded and is typical of the contract.

4. The customer is obliged to report such damage immediately; in any event, obvious damage must be reported before leaving the car park.

5. PBG shall not be liable

for damage arising from the loss of the parking ticket.
in the event of non-compliance with the parking conditions, in particular breaches of traffic regulations and official regulations.
for damage caused directly or indirectly by acts of war, force majeure, weather conditions, strikes, civil unrest, looting or official orders.

6. PBG shall not be liable for damage caused by third parties, such as the theft of contents and cargo, or damage to the vehicle itself.

7. The customer shall be liable for any damage or soiling caused to PBG by themselves, their employees, agents or accompanying persons. They must notify PBG of this immediately.

VII. Removal of the car from the car park in special cases

PBG is entitled, at the customer’s expense and risk, to have the car moved within the car park or towed out of the car park if

1. the parked car contravenes the terms of use set out in Section V and thereby endangers or significantly impedes the operation of the car park.

2. there are reasonable indications to believe that the parked car has no insurance cover or only limited cover.

3. there is misuse of the car park.

VIII. Contractual penalty

1. PBG is entitled to claim a contractual penalty of €30 in cases where the customer breaches these parking conditions – in particular the use of special parking spaces as set out in clause V.9 – unless the customer is not at fault for the breach. Any further claims for damages remain unaffected. However, the contractual penalty shall be offset against the actual proven damage.

2. PBG is entitled to demand payment of the forfeited contractual penalty from the customer immediately upon payment of the parking fee.

IX. Place of jurisdiction

To the extent permitted by law, Frankfurt am Main is agreed as the place of jurisdiction.

X. Data Protection / Video Recording

1. In car parks equipped with number plate recognition systems, where the customer has consented to the use of number plate recognition by entering the car park (Art. 6(1)(a) GDPR), the number plate is recorded and processed for the purpose of enforcing contractual claims, maintaining and providing parking services, and taking associated measures. The data will be deleted as soon as it has served its purpose, which is usually immediately after the vehicle has left the car park. Consent may be withdrawn at any time with effect for the future. Withdrawal does not affect the lawfulness of data processing prior to receipt of the withdrawal. Withdrawal for a parking session that has already commenced is only possible after the parking time used to date has been billed.

2. As indicated by signage, certain areas of the car park are under video surveillance. This is done to protect the life, health or freedom of persons present there as a particularly important interest (Section 4(1) sentence 2 no. 1 BDSG) and on the basis of the operator’s legitimate interest in enforcing property rights, in particular the right of access and the prevention of vandalism (Article 6(1)(f) GDPR).

XI. Dispute Resolution in Consumer Matters

The competent consumer arbitration board is the Zentrum für Schlichtung e.V. Kehl, Straßburger Straße 8, 77694 Kehl, www.verbraucher-schlichter.de

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

PBG mbH

Parkhaus-Betriebsgesellschaft m.b.H.

Niddastraße 107
60329 Frankfurt am Main
Telephone (069) 2608-4500
post-pbg@abg.de

Translations of these materials into languages other than German are intended solely as a convenience to the non-German-reading public. Any discrepancies or differences that may arise in translations of the official German versions of these materials are not binding and have no legal effect for compliance or enforcement purposes.