General Terms and Conditions
I. LEASE AGREEMENT
By accepting the parking ticket/entering our car park, you enter into a lease agreement for a parking space for a car. Neither supervision nor custody is the object of the respective contract concluded on the basis of these conditions.
II. RENT - DURATION OF STAY
1) The rent is calculated for each occupied parking bay according to the charges displayed in our respective price list. The maximum parking period 4 weeks, unless a different written agreement is reached between us and the tenant.
After the maximum period has expired, we shall be entitled to remove the vehicle at the expense of the tenant, provided that a written notification has been issued to the tenant or vehicle owner, warning that the vehicle may be removed and allowing a reasonable period of grace.
2) In addition to this, we shall be entitled to levy a charge in line with our price list until the vehicle is removed.
3) In the event of the loss of the parking ticket, the parking charge for the duration of one day according to our price list must be paid by the tenant.
III. CONDITIONS OF USE
1) The tenant must observe the directional signs and other conditions of use in the car park, follow the instructions of our staff and comply with the provisions of the road traffic regulations - in particular the requirement of mutual consideration (see Article 1 Road Traffic Act) - should be observed.
2) In the event of imminent danger, we shall be entitled to remove the vehicle parked by the tenant from the parking bay. The same shall apply if the vehicle has been parked outside the designated parking spaces, in no-parking areas, on driving lanes or in special places (e.g. disabled parking bays).
3) If the tenant fails to pay the parking fee, or if the tenant parks the vehicle in a disabled parking bay and does not display the blue EU parking permit (disabled permit) behind the windscreen, we shall be entitled to claim a contractual penalty against the tenant of € 20.00 per calendar day, without prejudice to any further claims and entitlements.
(4) In the case of a breach of the obligation to display a permit in accordance with paragraph 3 above, we shall be entitled to remove the vehicle at the expense of the tenant, provided that a written notification has been issued to the tenant or vehicle owner, warning that the vehicle may be removed and allowing a reasonable period of grace.
5) If the illegal use of a disabled parking space (paragraph 3 above) is repeated with the same vehicle, by the same tenant or the same vehicle owner, and we have already warned the person or persons responsible (tenant or vehicle owner) in the past that the vehicle may be removed at a charge, no further warning is necessary before removing the vehicle at the expense of the relevant responsible individual.
6) The preceding paragraph (5) shall also apply accordingly to cases in which parking fees are repeatedly left unpaid for the same vehicle.
IV. LIABILITY OF THE OWNER
1) Claims for damages and reimbursement (hereinafter referred to collectively as "claims for damages") by the tenant against us - irrespective of the legal basis - shall be excluded, unless they are based on the provisions of the Product Liability Act, intentional or grossly negligent breach of contractual or legal obligations by us, damage to health or personal injury of the tenant as a result of a breach of duty for which we are responsible, the assumption of a guarantee for the existence of a property or the violation of essential contractual obligations (cardinal obligations) on our part.
Contractual obligations (cardinal obligations) are obligations, the fulfilment of which enables the orderly implementation of the respective contract concluded on the basis of these terms and on which the tenant may regularly rely.
In the event of a breach of essential contractual obligations (cardinal obligations) by us, the claim for compensation by the tenant against us shall be limited to the foreseeable damages typical of the contract, provided the lessor is not responsible for intentional or grossly negligent breach of duty, or for damage to health or personal injury of the tenant due to the assumption of a guarantee for the existence of a property on our part. The damages that can be typically expected in the event of the breach of the respective type of contractual obligation are regarded as foreseeable damages typical of the contract. Any breach of duty by our legal representative or vicarious agents shall equivalent to such a breach on our part. The above provisions do not imply a reversal of the burden of proof to the disadvantage of the tenant.
2) The tenant must report any damage to us immediately before leaving the parking bay. We accept no liability for damages that are solely caused by other tenants or third parties, except in cases of a liability claim according to clause 1 above.
V. LIABILITY ON THE PART OF THE TENANT
Without prejudice to a possible risk of endangerment under the German Road Traffic Act, the tenant shall be liable for any damage or contamination of the car park caused by him, his employees, agents or accompanying persons to us or to a third party. By taking a parking ticket/ entering the car park, the tenant offers an assurance that the vehicle is licensed and remains licensed and reflects current standards for the duration of its stay until it leaves the car park.
We shall be entitled to a right of retention and a legal and contractual right of lien on the vehicle parked by the tenant on the basis of our claims from the lease agreement. If the tenant is in arrears with the fulfilment of our claims, we can pursue debt recovery measures 2 weeks after warning the tenant or the vehicle owner at the earliest.
VII. FINAL PROVISIONS
1) Amendments or additions to the respective contract that form part of these terms must be made in writing in order to take effect. This also applies to the waiver and/or amendment of the written form requirement itself.
2) If any provision of these terms or a contract, the components of which are subject to these terms, is or becomes invalid, this shall not affect the remaining provisions of the respective contract. In place of the invalid provision, a provision shall be agreed that reflects the economic intent of the invalid provision in full or, if this is not possible, to the greatest extent legally permissible.
BREPARK GMBH, Ansgaritorstrasse 16, 28195 Bremen, Phone 0421/17 47 1-0
Last revised: December 2016