General Terms and Conditions
for the use of the Internet portal www.flughafenparkplatz.com
1.1 Flughafen Parken GmbH, Terminalstrasse Mitte 18, 85356 München-Flughafen (hereinafter referred to as “FP GmbH”) offers users (hereinafter referred to as “Customer”) a service for arranging airport parking spaces (hereinafter referred to as “Internet portal”) at www.flughafenparkplatz.com. FP GmbH acts exclusively as an intermediary for the airport parking spaces offered on the Internet portal (hereinafter referred to as “parking spaces”).
1.2 The Provider of the parking spaces is not FP GmbH, but rather the airport/parking space operator chosen by the Customer as the contractual partner (hereinafter referred to as “Provider”). The contract concerning the main service (hereinafter referred to as “main contract”) is thus concluded exclusively between the Customer and the Provider. All claims and obligations arising from the main contract exist directly between the Customer and the Provider.
The contractual relationship with the Provider is governed by the general terms and conditions which the Provider stipulates and which are brought to the attention of the Customer during the booking process on the Internet portal. The Customer is advised to read the Provider’s general terms and conditions of business carefully, as contract-relevant information (e. g. terms of payment, provisions on liability, cancellation or rebooking) is derived from these.
1.3 The following General Terms and Conditions of Business (hereinafter referred to as “GTC”) shall apply exclusively to the contracts concluded between FP GmbH and the Customer for the arrangement of parking spaces (hereinafter referred to as “the Brokerage Agreement”). These General Terms and Conditions shall also apply in the event of conflicting terms and conditions of a Customer intending to book a parking space. These shall not be accepted even if FP GmbH performs services in knowledge of the Customer’s terms and conditions of business, unless expressly agreed otherwise.
2.1 By clicking on the button “Book bindingly”, the Customer offers FP GmbH a binding offer to conclude the mediation contract and the main contract with the Provider. FP GmbH accepts the Customer’s contractual offer contained in the booking as a representative and authorised receiving agent of the respective Provider.
2.2 The mediation contract is concluded by the acceptance of the offer by FP GmbH; the main contract is concluded by the acceptance of the offer by the Provider, about which the Customer is informed with the booking confirmation by e-mail.
2.3 The booking data, these Terms and Conditions, as well as the Provider’s general terms and conditions will be sent to the Customer by e-mail. In addition, it is possible for the Customer to print out the booking data which appears as a booking confirmation on the Customer’s screen after he has sent the booking as a hard copy.
2.4 The Customer is obliged to check all data for correctness before completing the booking request. FP GmbH provides the Customer with appropriate, effective and accessible technical means by means of which the Customer can identify and correct input errors before submitting his booking.
2.5 In addition, the Customer is obliged to immediately check the data listed in the booking confirmation for correctness and completeness and to inform the Provider of any deviations from the booking request immediately. If the Customer does not find a booking confirmation in his e-mail client and/or in his spam folder, this must also be communicated directly to the Provider. The contact details of the respective Provider are listed in the booking confirmation and at www.flughafenparkplatz.com/kontakt.
3.1 The prices displayed by the respective Providers during the booking process are final prices including taxes.
3.2 FP GmbH does not charge the Customer any fees for the mediation services of FP GmbH (intermediation contract).
3.3 Payment processing for parking space reservation (main contract) is carried out by the Provider (so-called direct collection). The terms of payment (especially the due date) result from the general terms and conditions of business of the respective Provider. Depending on the chosen means of payment, fees may be charged, which are shown during the booking process.
3.4 The Customer is offered the usual cashless means of payment within the booking procedure. The accepted means of payment depend on the respective Provider.
4.1 In the event of complaints by the Customer, FP GmbH’s obligation is limited to the provision of all information that is relevant for the Customer, in particular the notification of the address and the contact data for the respective Provider. FP GmbH shall not be obliged to accept and/or forward relevant declarations or documents of the Customer to the Provider.
4.2 The Customer is informed that there is no legal right of withdrawal for the services mediated by FP GmbH in accordance with the applicable legal provisions on the distance selling contract (cf. Section 312g Paragraph 2 Sentence 1 No. 9 of the German Civil Code – BGB).
4.3 In addition, the Customer is informed that FP GmbH only mediates contracts for services for which there is no general statutory right of rescission in accordance with the applicable statutory provisions with regard to the main service owed by the Provider.
4.4 However, the Providers mediated by FP GmbH grant the Customer a right to cancel a booking in accordance with the following provisions.
4.4.1 There is no right of cancellation if the mediated main service is expressly advertised as being non-cancellable. Cancellation is excluded in these cases. It is the Customer’s responsibility to check this.
4.4.2 Otherwise, it is possible to cancel a booking on the Internet portal at www.flughafenparkplatz.com/stornierung. The Customer can cancel the booking by entering the Provider, the e-mail address used for the booking and the booking number before the date of arrival. Cancellation is subject to the general terms and conditions of the respective Provider, which may also contain regulations on cancellation fees.
4.4.3 If the Customer’s cancellation fails, this must be reported directly to the Provider.
4.5 Changes to the booking are not possible (e. g. other parking area or another parking period). In these cases, the Customer must cancel the booking and make a new booking.
5.1 All of FP GmbH’s own contents and information have been compiled with the utmost care. However, no warranty can be given for any errors in data acquisition or data transmission.
5.2 The respective Provider bears sole responsibility for the accuracy, completeness and up-to-date status of the information provided by the Providers on the Internet portal, including the prices and availability of parking spaces. FP GmbH cannot check this external information and therefore does not accept any liability for the correctness, completeness and quality of the information used.
5.3 The mediation of parking spaces via the FP GmbH Internet portal is free of charge for the Customer. At the same time, however, the Customer has no claim to the temporal and spatial availability of the Internet portal. FP GmbH shall not be liable for (partial) interruptions and failures of the Internet portal due to repair, maintenance and updating work or for other reasons which are either not within FP GmbH’s immediate sphere of influence or which only marginally impede the use of the Internet portal.
5.4 FP GmbH is not liable for any booking with the Provider. Likewise, FP GmbH shall not be liable for defects or damages arising in connection with the provision of the main service by the Provider.
5.5 In all other respects, FP GmbH shall be liable for damages – irrespective of their legal basis – in accordance with the general statutory provisions, insofar as nothing else arises from the following provisions.
5.5.1 In cases of damage caused by slight negligence, FP GmbH shall be liable limited to the foreseeable damage typical for this type of contract.
5.5.2 The aforementioned limitation of liability shall not apply in cases of mandatory statutory liability (in particular under the Product Liability Act – Produkthaftungsgesetz), in the event of injury to life, limb or health and in the event of the assumption of a guarantee.
6.1 The contents and data material on the Internet portal, including texts, images, graphic representations, audio and video files, are protected by copyright, so that reproduction (particularly by automated retrieval, so-called “scraping”) is expressly prohibited. The use of the data material (e.g. query results) for the purpose of forwarding is also prohibited.
6.2 The use of the Internet portal and its contents is only permitted for individual queries of parking space bookings. Automated queries are not permitted.
Links to websites (links) of other companies contained on the FP GmbH Internet portal are provided solely in the interest of the Customer. By clicking on such a link, the Customer leaves the FP GmbH Internet portal. FP GmbH has no influence on the content of other companies’ websites. Therefore, FP GmbH cannot assume any liability for the correctness, completeness and safety of these external contents.
FP GmbH takes the protection of personal data very seriously and observes the relevant data protection regulations. Details are set out in the data protection information.
9.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions of private international law.
9.2 Place of performance is Munich. It is agreed that Munich shall be the place of jurisdiction for merchants or persons who do not have a general German place of jurisdiction. Otherwise, the statutory place of jurisdiction shall apply.
9.3 The European Commission provides an online dispute resolution platform under the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main. home. show&lng=EN
9.4 In accordance with Section 36 of the Consumer Dispute Settlement Act (VSBG), it is pointed out that FP GmbH does not participate in and is not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
9.5 If any provision of these General Terms and Conditions or of the agreement concluded herein is invalid or unenforceable, that provision shall be interpreted in such a way that the provision is compatible with the applicable law and corresponds to the original intentions of the parties in the best possible way. The remainder of the agreement shall remain unaffected.