General Terms and Conditions of ParkNow GmbH
These General Terms and Conditions govern all services provided by ParkNow. Users may access
and download the General Terms and Conditions via the website of ParkNow (www.parknow.com).
Article 1
Definitions
(1)
ParkNow: ParkNow GmbH, Leopoldstraße 182, 80804 Munich, registered at the Local
Court of Munich under registration number HRB 159940.
(2)
Service: Reservation of and settlement of payment for parking transactions by mobile telephone for parking spaces on streets and in participating parking garages, including additional services.
(3)
User: Anyone who uses the Service and has entered into a corresponding contract with
ParkNow for this purpose.
(4)
User Account: Authorization to access the services of ParkNow, including user name and
password.
(5)
ParkNow Website: Internet site of ParkNow, available at www.park-now.com.
(6)
ParkNow App: Software application for installation on a mobile communications device by
which parking activity can be recorded and reserved.
(7)
ParkNow Hotline: Telephone hotlines by which Users can reach ParkNow customer service
or initiate and terminate parking activity. The applicable telephone numbers are available
at the ParkNow Website.
Article 2
Service without registration
and pay for it cash-free on their mobile telephone bill or using their prepaid balance. This
Service does not require advance registration with ParkNow as a User.
Article 3
Services requiring registration
(1)
The present Article 3 governs the recording and settlement of parking activity through the
ParkNow App, the ParkNow Website, by telephone or SMS through the ParkNow Hotline,
1
and for recording the parking time through license plate scanning or an RFID access medium in participating parking garages.
(2)
Use of the aforementioned Services is possible only after prior registration on the website.
Registration requires that certain personal information be provided, such as name, street
address, city, license plate number, mobile telephone number, company name, or payinformation is correct. If
there is a change in the personal information, the User must promptly update it through
his User Account.
(3)
Multiple license plate numbers may be registered for a single User Account. In this case,
when initiating an instance of parking it is necessary to select the license plate number for
which the parking activity is to be initiated. License plate numbers may be added, deleted,
or modified through the User Account in the ParkNow App or Website.
(4)
User Account and the ParkNow App installed on his mobile device.
(5)
To pay for parking activity in municipal parking lots, it may be necessary due to municipal
regulations to affix a fee vignette on the inside of the windshield in order to identify
ParkNow Users. A list of localities requiring such vignettes is available at the ParkNow
Website. The vignette can be downloaded through the ParkNow Website or ordered from
ParkNow.
Article 4
Recording parking duration in non-gated parking areas
(1)
Parking activity in non-gated parking areas can be initiated and terminated either through
the ParkNow app, the website of ParkNow, an SMS to the ParkNow Hotline, or by calling
the ParkNow Hotline. To initiate or terminate a parking transaction by telephone, call the
ParkNow Hotline and go through the proper menu selection. Initiating and terminating
vice. To initiate or terminate a parking transaction by SMS, send an SMS to the ParkNow
Hotline according to the instructions on the website and in the user guide. To initiate or
Initiating and terminating transactions using the ParkNow App requires that the User
download the app from the respective App Store, Play Store, Marketplace, or App World
and go through the corresponding menu selection. Use of the ParkNow App and the form
on the website requires a stable (mobile) Internet connection.
(2)
ing
parking activity via ParkNow is permitted for the corresponding parking area. Corresponding notices can be found in the information on parking voucher vending machines or signs,
2
parking vouchers, or other sources of information. The fact that a parking area may be
identified in the ParkNow App or on the ParkNow Website cannot be taken to establish a
right to use the ParkNow Service. Use of the GPS function in the ParkNow App is at the
nformation required to
initiate and terminate a parking transaction.
(3)
The User does not have a right to a parking space in connection with using the ParkNow
Services. Instructions from ParkNow, municipal police and administrative authorities, or
other parking vendors must be followed in all circumstances.
(4)
Only after receiving confirmation can the User assume that his parking transaction has
been initiated or terminated. ParkNow is not responsible for possible fines or actions concerning an instance of parking for the time between parking or leaving and initiating or
transaction after each instance of parking. Depending on the Service used, the User can
use a reminder service through SMS, push notification, or e-mail for terminating the transaction. This Service is activated when registering using the standard profile, and may be
deactivated through the ParkNow App or the User Account. If the User wishes to receive
reminders through push notification, he thereby gives his consent to receive locationbased (parking) information, as well as ParkNow (product) information.
(5)
If the User fails to terminate a parking transaction despite properly initiating it, the parking
fee incurred will be calculated using the maximum permitted parking time, regardless of
the actual time parked.
(6)
If the ParkNow Service is unavailable, for instance due to disruptions at ParkNow or network operators, the User must pay the required parking fee in another manner, for instance by purchasing a parking voucher from the vending machine. In case of disruptions
in the ParkNow App, parking transactions may be initiated and terminated either by calling
the ParkNow Hotline or through the ParkNow Website.
(7)
The Services, including the ParkNow App and the website, are protected as intellectual
property. ParkNow hereby grants to the User a nonexclusive and nontransferable right to
use the Services for the duration of the contract.
(8)
Failure to adhere to the procedure for settling parking transactions intended by these General Terms and Conditions may result in parking fees not being properly paid. If parking
fees are not paid, this may be prosecuted by private parking vendors as an infringement of
contractual duties, or by municipalities as an administrative offense.
(9)
The relationship established between the User and parking vendor on the basis of the
parking activity shall remain unaffected by these General Terms and Conditions.
3
Article 5
Recording parking duration in parking garages
(1)
In participating parking garages, Users can record the parking duration by scanning the
license plate number or an RFID access medium when entering and leaving the parking
garage. The amount of the parking fee incurred is based on the period between recording
the license plate number or RFID access medium when entering and recording the license
plate number or RFID access medium when leaving the parking garage. If this Service is
not available at a participating parking garage in a particular instance, the User must pay
the parking fee in another manner, for instance by taking a ticket when entering the parking garage and paying the parking fee at the payment machine. The amount of parking fees
payable and the conditions of use are set by the respective parking vendor.
(2)
In participating parking garages, Users can either book a parking space in advance for a
specified period of time or make a reservation for a parking space. User's claim for entrance to the parking garage in case of a reservation or in case of an advance booking for
access to a parking space in the respective parking garage is directed against the respective parking vendor only. Reservations and advance bookings of parking space may only be
cancelled if the respective parking vendor's terms of use provide for such cancellation
right. In case of an effective cancellation, ParkNow will refund to User the amount of parking fees already paid by User. Reservation or booking fees are nonrefundable. Statutory
rights of termination for cause or withdrawal from contract remain unaffected.
(3)
Article 4 (3), (8), and (9) of these General Terms and Conditions apply accordingly to recording the parking duration by license plate scanning or RFID access medium.
Article 6
Transaction settlement
(1)
Users can select from among various price models. Depending on the selected model, the
User pays either a monthly subscription fee or a transaction fee for each instance of parking and/or reservation. Incurred transaction fees and the subscription fee are collected on
a monthly basis, together with the payable parking fees. The amount of the registration
and transaction fees is available on the website. The amount of the parking fees is set by
the respective parking vendor.
(2)
ParkNow pays the parking fees to the parking vendor by order of the User. In return, the
User is required to pay the incurred parking fees to ParkNow. The amount of fees payable
to ParkNow is based on the value calculated from the respective initiation and termination
processes or instances of scanning the license plate number or RFID access medium.
(3)
For Services requiring registration (Art. 3 of these General Terms and Conditions), the fees
incurred are aggregated and collected (generally on a monthly basis) by SEPA direct debit,
4
credit card, or another payment method selected by the User. For the Service not requiring
registration (Art. 2 of these General Terms and Conditions), the fees incurred are either
colthe contractual terms of the respective payment service provider.
(4)
The User can retrieve the parking duration for each parking transaction and an invoice for
the amount of the parking fee incurred using the ParkNow App or the website. Users can
download, store, and print invoices.
(5)
responsibility to make sure there is adequate cover in the bank account provided so that
ParkNow can collect the parking fees and other service charges. If a direct debit cannot
be completed due to reasons for which the User is responsible, then in case of significant
arrears ParkNow may temporarily lock the User Account and charge compensation for the
costs incurred thereby (e.g., return-debit fee), as well as statutory interest on arrears.
(6)
No additional expenses are charged for payment by SEPA direct debit. For payments made
by credit card or another payment method, ParkNow charges a surcharge to cover administrative and security expenses for credit card payments or other payment method(s). The
amount of the respective surcharge is displayed to the User before concluding the registration process.
(7)
For the Services requiring registration, ParkNow gives advance notice of upcoming payments by e-mail at least five days before collection. In this notification e-mail ParkNow
specifies the amount to be charged and the payment method indicated by the User.
Article 7
Right of cancellation for registrations requiring payment
If the User selects a Service with registration requiring payment in which there is either a
registration fee or a monthly subscription fee, he has a statutory right of cancellation if he
is a consumer within the meaning of BGB (German Civil Code) Section 13, i.e., he concludes
the contract for purposes not primarily attributable to either his commercial or professional activities. ParkNow provides the following instruction concerning the statutory right
of cancellation:
Cancellation instruction
Right to cancel
You have the right to cancel this contract within 14 days without stating the reason.
The cancellation period is 14 days from the day the contract is concluded.
5
To exercise your right of cancellation, you must notify us (ParkNow GmbH, Leopoldstraße
182, 80804 Munich, telephone 0800 6 545454, e-mail: kontakt.de@park-now.com) with an
unambiguous statement (such as a letter sent by postal mail, telefax, or e-mail) concerning your decision to cancel this contract. You may use the enclosed sample revocation
form, but this is not required.
To meet the cancellation deadline, it is sufficient if you send the notice exercising the right
of cancellation before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must return to you all payments we have received from you,
including delivery costs (with the exception of additional costs resulting from the fact that
you selected another delivery method than the lowest-cost standard delivery we offer),
promptly and within no more than 14 days from the day we receive the notice of your cancellation of this contract. We will use the same payment method for this repayment that
you used for the original transaction, unless other provisions were expressly agreed with
you; in no case will you be charged fees for this repayment.
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us.)
To
ParkNow GmbH,
Leopoldstraße 182, 80404 Munich
T: 0800 6 545454
E: kontakt.de@park-now.com
I/we (*) hereby cancel the contract made by me/us (*) for provision of the following service
(*)
Ordered on
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notices on paper)
Date
6
Article 8
Liability
(1)
The present Article 8 applies only to Users who are businesses within the meaning of BGB
Section 14, i.e., those who use the ParkNow Service in performing their commercial or professional activity.
(2)
ParkNow has unlimited liability if it provides a guarantee, in case of violation of the provisions of the Product Liability Law, for intentional misconduct, gross negligence, and in
case of at-fault injury to life, limb, and health.
obligations
(3)
from the relationship is limited to the damage that is typically foreseeable when the contract is concluded, where the concept of major contractual obligations abstractly designates those contractual obligations whose fulfillment makes proper implementation of
the contract possible at all and on which the other party may regularly rely. ParkNow is not
liable for violation through slight negligence of minor contractual obligations.
(4)
The User is aware that the ability to use the ParkNow services (such as initiating and terminating parking transactions), use of the Internet, and the ability to receive SMS, push
notifications, and e-mail reports and to receive a GPS location depend on the functioning
of the mobile telephone, the (mobile) networks, and other third-party services. ParkNow
may not be held responsible for damages due to inadequate function or complete loss of
the mobile telephone or networks or third-party services, for instance failure to receive (in
a timely manner) an SMS, push notification, or e-mail report. This also includes cases of
force majeure as provided for in Article 9.
Article 9
Force majeure
In cases of force majeure
for instance disruptions in the telecommunication infrastruc-
ture (Internet), national unrest, mobilization, war, traffic closures, strikes, lockout, denialof-service attacks, distributed-denial-of-service attacks, disruption of operations, stagnation of supply, fire, flood, in which ParkNow is prevented from providing the Services so
that ParkNow cannot reasonably be required to fulfill the contract
perform ceases to apply.
Article 10
Terms of parking vendors
(1)
When using municipal parking areas, Users must observe the local parking regulations.
When parking in private parking lots or parking garages, the general terms and conditions
7
bility to observe and comply with those additional terms.
(2)
Parking fees may be directly changed by the municipalities and parking garage operators
unilaterally. This is solely a decision of the municipality or respective operator. ParkNow
is not responsible for the pricing of those parking vendors. Corresponding changes in the
fee amounts are passed directly on to the User.
Article 11
Final provisions
(1)
These General Terms and Conditions are governed by and shall be construed in accordance
with the laws of the Federal Republic of Germany. To the extent the User is a merchant or
has no general domestic legal venue, the courts of Munich shall have exclusive jurisdiction
and venue for all disputes arising in connection with this contract.
(2)
Any transfer by the User of rights under this contract requires the express consent of
ParkNow.
(3)
This utilization contract may be terminated by the User at any time by sending a statement
to ParkNow in text form, to become effective at the end of the month. ParkNow may tervance notice. ParkNow reserves the right to terminate this utilization contract for good
cause, for instance abuse or manipulation of the Service.
(4)
The ParkNow Service is constantly being further developed. ParkNow reserves the right to
discontinue certain Services in the future after giving advance notice.
(5)
Should individual provisions of these General Terms and Conditions be or become invalid,
the validity of the remaining provisions of these General Terms and Conditions shall not be
affected thereby.
(6)
ParkNow reserves the right to change these General Terms and Conditions. Changes will
be announced on the ParkNow Website and will enter force six weeks after the announcement. If Users do not agree with such changes, they have the right to terminate this utilization contract without stating a reason (special termination right).
8