Firma: schwarz-parker.de

Park & Flight | Flughafen München

Inhaber: Sebastian Schwarz

Am Neubauernfeld 5

85456 Wartenberg / Gewerbegebiet Thenn

Tel.: +49 (0)8762 - 737 74 81
48°23´42´´N, 11°57´13´´O

 

www.schwarz-parker.de

info@schwarz-parker.de

 

 

 

Terms and Conditions - General Terms and Conditions

    § 1 General

All services offered by Schwarz-Parker are subject to the following General Terms and Conditions (GTC) in the version valid at the time the contract is concluded.
By booking, the customer declares his agreement to the General Terms and Conditions and the present setting conditions, which he can view on the Internet or in the office.
The validity of the customer's general terms and conditions is excluded.
Differing, conflicting or supplementary general terms and conditions do not become part of the contract, even if they are known, unless they are expressly acknowledged in writing by Schwarz-Parker.

    § 2 Scope

The Schwarz-Parker company offers customers, for a fee, the use of the parking lot operated by the Schwarz-Parker company to park their vehicle and to use the transport service to Munich Airport.
These general terms and conditions apply to all services offered within the framework of this contract, in particular for parking space rental, the transport of the customer from the company premises in Wartenberg-Thenn to Munich Airport, his return transport from there to the company premises and all other services provided for the customer.

    § 3 OFFER AND CONCLUSION OF CONTRACT

1) Sending the online booking form, which is made available on the homepage www.schwarz-parker.de, to Schwarz-Parker constitutes a binding offer by the customer to conclude a contract. There are no additional fees for online bookings.

2) If the booking is made by telephone and an employee of Schwarz-Parker handles the booking, a processing fee of €3.00 will be charged, which will be added to the calculated parking fees and listed in writing in the booking confirmation.

3) If the booking is made by simple email to Schwarz-Parker, and an employee of Schwarz-Parker takes over the booking work and any written queries in the event of missing data or ambiguities, a processing fee of € 5.00 will be charged, which will be added to the calculated parking fees and listed in writing in the booking confirmation.

5) The contract is only concluded upon acceptance with a corresponding written confirmation by Schwarz-Parker, which usually takes place within 24 hours of the reservation request, or by the written signing of a contract in the presence of the customer.
6) The customer is obliged to check the reservation confirmation immediately to ensure that the requested and confirmed services are free of defects and to notify Schwarz-Parker immediately of any incorrect information.
7) If a third party has made the booking, they are liable alongside the actual customer as joint and several debtors for all contractual obligations of the customer. Only the customer is entitled to claims arising from the contractual relationship and these can only be transferred to a third party with the consent of Schwarz-Parker.

    § 4 Subject matter of the contract and service

1) The subject matter of the contract includes the rental of a parking space for motor vehicles under the conditions stated here and any other additional services agreed in writing. Neither guarding, monitoring, safekeeping nor the provision of insurance cover are the subject of the contract. Schwarz-Parker does not assume any custody or special duty of care and is in particular not liable for theft or damage to the vehicle and other items brought in by the renter. The customer is advised not to leave any valuables in the vehicle. Schwarz-Parker does not assume any duty of care or supervision for valuables brought in anyway. At the customer's request, the keys to the vehicle will be taken for storage in the locked area for the booked period without liability for the vehicle.
2) With the confirmed reservation, the customer acquires the right to park his vehicle in a parking space on the company premises or in the Schwarz-Parker parking hall during the booked period and to be driven to Munich Airport with a shuttle service and picked up on his return.
3) A punctual arrival around 10-15 minutes before the shuttle departure time specified in the booking is necessary in order to process payment, unload luggage and park the vehicle. In order to protect our customers who arrive on time and to ensure that the shuttle rhythm runs smoothly, our drivers are required to strictly adhere to the shuttle departure times.
4) If the customer misses his booked shuttle, he is no longer entitled to a free shuttle or to an immediate transfer on the next shuttle. The customer can request a special trip to the airport for 50 euros, provided there are enough drivers available, or can travel free of charge on the next booked shuttle in which there are still enough free seats.
5) When renting the parking space, Schwarz-Parker provides the shuttle service to Munich Airport for the customer and a maximum of four accompanying persons per vehicle at no extra charge. There is an additional charge for each additional person to be transported, including luggage: 10.00 euros for the 5th person and 10.00 euros for each additional person. The luggage of the customer and his accompanying persons is transported free of charge up to the amount and weight set by the charter and scheduled airlines for free transport in accordance with their terms and conditions. Schwarz-Parker is only obliged to transport excess baggage and bulky baggage (surfboards, skis, bicycles, etc.) by special agreement. Special baggage must be registered when booking, but no later than 48 hours before arrival.
6) On request, Schwarz-Parker will provide child seats if the customer specifies this, along with the required number and class, when making the booking request and Schwarz-Parker confirms the corresponding reservation when accepting the booking.
7) The shuttle service is usually arranged individually in accordance with the customer's departure and arrival times. Transport to Munich Airport usually takes place directly in front of the hall of the terminal where the check-in desk for the customer's flight is located. The customer must specify the departure and arrival times and the airline in the booking request.
8) The return transport from Munich Airport to the Schwarz-Parker premises is usually carried out promptly. The customer must notify Schwarz-Parker by telephone upon arrival after receiving the luggage. Schwarz-Parker will then immediately send a vehicle to collect the luggage. However, Schwarz-Parker reserves the right to use group transport, even if this results in reasonable delays (up to 30 minutes) for the customer in individual cases.
9) If the flight number of the return flight specified when booking changes or is incorrect, the customer is obliged to inform Schwarz Parker of the correct flight details at least 1 hour before the actual landing. If the information provided is incorrect, such as the arrival date, incorrect flight number, rebookings or the customer has not returned on the specified flight and Schwarz Parker makes an unsuccessful attempt to pick them up, the customer's right to a shuttle expires upon their actual return. Schwarz Parker reserves the right to charge the customer a surcharge of up to 50.00 euros for the waiting time and the resulting double or empty trips. If the customer does not want a pick-up at the stated price, or if Schwarz Parker cannot arrange this, the customer can return to the parking area at any time by taxi or similar at cost price.
10) If a customer has not contacted the shuttle driver by telephone to organize the return pickup within 90 minutes of landing or by the time the aircraft has been completely processed at Munich Airport, Schwarz Parker reserves the right to cancel the pickup of the customer in order not to jeopardize the further workflow and the organization of the remaining customer pickups. Customers must contact the shuttle driver by telephone immediately in the event of any delay, be it due to problems with baggage pickup, passport control, customs controls, reporting of baggage damage at the airport or any other delay in pickup, otherwise the customer forfeits the right to a prompt pickup and must accept longer waiting times. Furthermore, Schwarz Parker reserves the right to charge the customer a surcharge of up to 50.00 euros for the waiting time and any double trips or empty trips that may have occurred.
11) In the event of a spontaneous or unexpected return to the airport, the customer must expect longer waiting times for pickup, as customers with correctly provided flight details are given priority. Flight cancellations and flight delays are excluded as these are displayed on the Munich airport website and can therefore be planned for by us.
12) If a flight is diverted to another airport after midnight for whatever reason and our customers are transported to Munich airport by bus or similar, collection at the airport can only take place from 4:30 a.m. at the earliest. Traveling to the car park by taxi is of course optional.
13) If the customer needs to make further trips to or from Munich airport, Schwarz-Parker has the right to charge a separate fee of up to 30.00 euros for each additional trip.
14) If the customer does not remove his vehicle after the contractual rental period has expired, the rental agreement is not extended for an indefinite period and he owes compensation for use in the amount of the respective tariff for the time until the vehicle is removed. The application of Section 545 of the German Civil Code is expressly excluded. If the customer does not comply with his obligation to vacate the premises after a written request with a deadline, Schwarz-Parker is entitled to remove the customer's vehicle from the premises. The customer must bear any costs incurred. Schwarz-Parker is entitled to remove the parked vehicle from the premises or have it removed at the expense and risk of the renter, in particular if the rental contract has ended and the renter cannot be reached; a parked vehicle represents a general danger due to defects (e.g. leaky tank, etc.); a parked vehicle is not registered with the police or is parked during the contract was taken out of circulation by the authorities during the parking period; the vehicle was parked without authorization; In these cases, Schwarz-Parker is entitled to the fee according to the price list until the vehicle is removed.
15) Special regulations apply when booking an ECO parking space.
- The tariff includes the transfer of up to 2 people per paid parking space. This means 2 people from the parking lot to Munich Airport and, when picking up, 2 people from Munich Airport to the parking lot. A maximum of 1-2 additional people can be booked for 10 euros per person each (so a maximum of 4 people in total). Babies, toddlers and children each count as one person.
- The ECO shuttle only runs every 40 minutes. You must arrive punctually around 10-15 minutes before the shuttle departure time specified in the booking in order to process payment, reload luggage and park the vehicle. In order to protect our customers who arrive on time and to ensure that the shuttle schedule runs smoothly, our drivers are required to strictly adhere to the shuttle departure times.
- If the customer misses their booked ECO shuttle, they are no longer entitled to a free shuttle or an immediate transfer on the next shuttle. The customer can request a special trip to the airport for 50 euros, provided there are enough drivers available, or can take the next booked shuttle for free if there are still enough free seats.
- The rules for the shuttle and for pick-up correspond to the general rules in § 4 points (6) to (14)

    § 5 Terms of Use

1) The provisions of the Road Traffic Act apply on the company premises, unless special regulations are specified below. Only walking pace is permitted on the parking area and in the parking hall.
2) The instructions of the staff when entering the company premises and parking the car or when picking it up and leaving it must be followed. Vehicles may only be parked within the marked parking spaces in such a way that it is possible to park in and out of the neighboring parking spaces without hindrance at any time. If the customer violates this regulation, Schwarz-Parker is entitled to take suitable measures to move vehicles parked outside of these areas and, in particular, vehicles parked on the traffic areas to the assigned parking space at the customer's expense or, if necessary, to have them towed away at the customer's expense, especially if the vehicle is parked in an obstructive manner.
3) After the vehicle has been parked, the renter is obliged to properly lock the vehicle and secure it in accordance with traffic regulations. Every customer and the people they employ must behave in such a way that risks and damage to third parties are excluded. In the event of damage to the company premises or its facilities, the costs incurred will be invoiced to the customer after the damage has been removed.
4) The renter is liable for a parked vehicle in the event of oil or other fluid losses and all contamination caused by this.
5) The customer is prohibited from carrying out repairs on the company premises (except by authorized emergency breakdown services), washing or cleaning vehicles, filling or draining coolant, fuel or oil, disposing of garbage in the vehicle on the company premises, or parking vehicles with a leaky tank or engine.
6) Smoking and the use of fire are prohibited on the company premises, especially in the hall, except in the areas designated for smoking.
7) Contamination for which the customer is responsible must be removed immediately and properly by the customer. Otherwise, Schwarz-Parker is entitled to remove these contaminations at the customer's expense. In the event of soil or groundwater contamination, the removal must be carried out by an authorized specialist company at the customer's expense. In these cases, the customer has no right to do the work themselves.
8) Staying on the company premises for purposes other than setting up and picking up the vehicle, loading and unloading is not permitted. Here too, the instructions of Schwarz-Parker, its employees and vicarious agents must be followed. During any waiting times for transport to Munich Airport, there is a waiting area intended for staying.

    § 6 Fees and payment

1) The daily prices stated at the time of the contract conclusion apply for the price calculation. Time information for parking services is calculated according to calendar days started from the time of entry into the parking area, whereby the day of arrival and departure from the company premises are counted as a single day.
2) There is no right to reimbursement if the contract is terminated early. Parking days not used expire.
3) The reservation confirmation includes the final fee for the promised service, unless the customer exceeds the booking time or requests additional paid services that were not known at the time of confirmation.
4) The parking fee is due immediately upon conclusion of the contract. The fee for the booked parking space and other services must be paid in cash upon arrival at the car park.
5) If the customer is unable to pay, there is a right in individual cases to hand over valuables to Schwarz-Parker (jewelry, cell phone, etc.) worth twice the amount owed plus a processing fee of 30.00 euros. The valuables must be returned within 4 weeks of being handed over against payment of the amount owed. If this is not done within the 4-week period, the valuables become the property of Schwarz-Parker.
6) If the customer pays electronically, in the event of a non-debitable claim, the customer gives his bank express permission to provide Schwarz-Parker or a person appointed by it with the customer's address and any other information that may be useful for settling the claim. By using electronic payment, the customer expressly accepts the rights and obligations arising from participation in the debit process with his PIN, even without a signature. The prices include the respective VAT.
7) Payment by debit or credit card is not possible.

    § 7 Cancellation and compensation

1) Schwarz-Parker grants the customer the right to cancel. Cancellation is free of charge if the cancellation is made in writing or by email no later than 48 hours before the agreed start of the rental period. In the event of a later cancellation or a complete failure to arrive, Schwarz-Parker is entitled to charge a flat rate of 100% of the invoice amount. The customer is free to provide evidence that Schwarz-Parker has suffered less damage than the agreed cancellation fee.
2) A mutual cancellation for good cause remains unaffected by this. This applies in the event of force majeure, illness or death, significant deterioration in assets since the conclusion of the contract or the opening or application for insolvency proceedings against the assets of one of the contracting parties, as well as in the event of justified concern on the part of Schwarz-Parker that the use of the booked services by the customer will endanger the operational safety or reputation of the company. The party exercising the right of termination must inform the other party of this in writing immediately before exercising the right of termination for good cause. A claim for damages is excluded in these cases.
3) In the case of intoxicated or rioting persons, Schwarz-Parker is entitled to refuse transport, excluding any claims for damages by the customer for non-performance or poor performance.
4) Schwarz-Parker reserves the right to refuse transport to a customer due to racist, misogynistic or religious statements or personal insults or physical attacks by another customer or employee.

    § 8 Liability and exclusion of liability

1) Schwarz-Parker is liable for all damage caused intentionally or through gross negligence by it, its employees or vicarious agents on the basis of the statutory liability provisions for injury to life, body or health. In the case of slight negligence, liability for damage only arises if this is due to a breach of an essential contractual obligation or an obligation that makes the implementation of the contract possible in the first place and on whose compliance the customer can regularly rely (cardinal obligation) in a way that endangers the purpose of the contract. In these cases, liability is limited to the foreseeable damage typical of the contract. The customer's claim for compensation for reduction or damages is void if the customer did not report the damage to Schwarz-Parker or the supervisory staff immediately and before leaving the company premises for the purpose of determining the damage. Any further liability, such as damage to luggage and its contents during transport, is excluded. The customer releases Schwarz-Parker from all claims by third parties in this respect. The customer indemnifies Schwarz-Parker against damage caused by force majeure and damage caused by internal and external unrest, war events, vandalism and elementary natural forces.
2) Schwarz-Parker is not liable for damage or destruction of motor vehicles, including their contents and loads, caused by the actions of third parties, e.g. by other renters or other persons. This also applies to theft and loss of motor vehicles, vehicle parts, vehicle contents and vehicle loads (e.g. car radio, car phone, personal items, computers, photo equipment, sports equipment and the like). Damage must be reported to Schwarz-Parker and the staff present immediately.
3) Schwarz-Parker makes every effort to transport the customer to Munich Airport in good time for a notified departure time. The timeliness of arrival is not the subject of the contract. Claims for damages, in particular those resulting from missed departures and other missed appointments, are excluded. A shuttle departure time from the car park to the airport is recommended 2.5 hours before departure. Arriving on time at the company premises is the responsibility of the customer and is solely at the customer's risk. Claims for compensation if the booked services are not used due to the customer arriving late are excluded.
4) By driving onto the company premises, the customer assures that the driver is in possession of the required driving license and that the vehicle has the legally required insurance cover until it leaves the company premises. Upon request, the driver's license and vehicle registration must be presented to employees of Schwarz-Parker and their vicarious agents. In special cases, proof of sufficient additional insurance cover may also be required. If the aforementioned documents cannot be presented, Schwarz-Parker is entitled to refuse to fulfill the contract and refuse access to the company premises. In these cases, the customer is not entitled to compensation. The customer assures that the vehicle is his property or that he is using it with the consent of the owner.
5) The company premises and the company facilities must be treated carefully and properly. In the event of damage, the costs incurred will be invoiced to the customer after the damage has been repaired.
6) Regardless of fault, the customer is liable for all damage caused as a result of technical defects by the vehicle brought onto the Schwarz-Parker premises by him or a third party commissioned by him (e.g. fuel, oil loss, explosion, coolant loss). This also applies if such defects were not included in the condition report for the vehicle or were previously unknown. The customer assigns his own claims against third parties or insurance companies arising from a claim to Schwarz-Parker in advance, insofar as Schwarz-Parker is itself held liable for such a claim.

    § 9 Valet service and extended services

1) On request, Schwarz-Parker offers customers the optimum service in the form of valet parking. Schwarz-Parker enables customers who rent a parking space on Schwarz-Parker's premises to use vehicle services for the parked vehicles for a fee. Customers' booking requests can generally only be considered if the customer's request is made at least 3 days before the start of the parking period. Schwarz-Parker also provides customers with a limited number of indoor parking spaces on request. These may not be used by vehicles powered by liquid gas (LPG). When booking such a parking space, the type of fuel used by the vehicle must therefore be stated.
2) The vehicle is driven from Munich Airport to the company premises and back again by an employee, vicarious agent or representative of Schwarz-Parker. Schwarz-Parker is entitled to make corresponding journeys for the additional service booked. Due to German customs regulations, Schwarz-Parker only offers this service for vehicles registered in an EU member state. In all of the above cases, it is necessary for the customer to hand over the vehicle key to Schwarz-Parker. For the vehicle services and the valet service offered, the customer's vehicle is insured exclusively through the customer's liability insurance during the transfer journey from Munich Airport to the company premises and back, or for journeys for additional services.
3) When the vehicle is picked up, any obvious damage such as scratches or accident damage is recorded. Since scratches are not immediately visible (especially if the vehicle is wet or dirty) and take a lot of time to inspect, they are not recorded and cannot be the subject of complaints. Stone chips during the journey to/from the car park or to/from the airport cannot be claimed, as they are unavoidable during the journey. A quick handover is the rule. If the customer wishes a thorough inspection when handing over to Schwarz-Parker, the customer must state this when booking and allow for an additional period of at least 20 minutes.

    § 10 Data protection

The data provided by the customer in connection with the existing contract will be protected by Schwarz-Parker in accordance with the provisions of the Federal Data Protection Act. The customer agrees that this data will be processed and stored electronically by Schwarz-Parker as part of the contractual relationship.
 
    § 11 Final provisions

1) Changes and additions to the contract must be made in writing. This also applies to the amendment of this written form clause.
2) Should individual provisions of these General Terms and Conditions be or become completely or partially invalid or contain a regulatory gap, this shall not affect the validity of the remaining provisions. The completely or partially invalid or missing provision shall be replaced by a provision that comes close to the meaning and economic success of the invalid or missing provision. 3) If the customer is a merchant or does not have a general place of jurisdiction in Germany, the place of jurisdiction for all legal disputes, regardless of the legal basis, is the registered office of Schwarz-Parker.

The place of jurisdiction is Erding and the place of performance is the location of the company premises and registered office of the company, Wartenberg-Thenn.

The provisions of German law apply to this contract.

Firma: schwarz-parker.de
Park & Flight | Flughafen München
Inhaber: Sebastian Schwarz
Am Neubauernfeld 5
85456 Wartenberg / Gewerbegebiet Thenn
Tel.: +49 (0)8762 - 737 74 81
48°23´42´´N, 11°57´13´´O
www.schwarz-parker.de
info@schwarz-parker.de

Stand: 04.05.2018

Mit dem Datum der Ausfertigung dieser Allgemeinen Geschäftsbedingungen verlieren alle zuvor verwendeten Allgemeinen Geschäftsbedingungen (AGB) für die Fa. Schwarz-Parker ihre Gültigkeit.