Terms and Conditions - English

By using this parking facility, the driver concludes a contract with Smart Parking Germany GmbH (hereinafter referred to as ‘Smart Parking’) that is subject to the following General Terms and Conditions:

1. The use of this parking facility is limited to the parking of vehicles that are covered by a liability insurance policy, have a number plate (Section 9 of the German Vehicle Registration Ordinance - FZV) and a valid official inspection sticker (e.g. TÜV). The purpose of the parking facility is the temporary parking of vehicles.
2. The object of this contract is not the guarding and safekeeping of the parked vehicles or the provision of other duties of care. This agreement also does not establish any entitlement to the provision of a parking space within the parking facility by Smart Parking.
3. This contract commences upon entry into the parking facility and ends upon exiting it. Compliance with these General Terms and Conditions is monitored either through automated recording upon entry and exit and/or manually by authorised personnel on-site. Please refer to the separate data protection declaration for details concerning the number plate registration for the purpose of determining the period of use and vehicle owner enquiries. Number plate recognition does not create any additional obligations within the contractual relationship. Where corresponding signs indicates this, a parking disc displaying the actual time of arrival and/or valid parking authorisation (e.g., a disability pass, membership badge, or membership card) must be placed in a clearly visible position inside the vehicle, e.g. on the dashboard.
4. The provisions of the German Highway Code (StVO) apply unless otherwise regulated by this contract. Where they are present, any automated traffic guidance systems must also be observed, along with the posted traffic and information signs. Instructions given by on-site Smart Parking personnel must be observed.

5.  OBLIGATIONS OF THE DRIVER

The driver undertakes to:

1. display / attach a parking disc, making it clearly visible from outside the vehicle behind the windscreen, and set it to the actual time of arrival, if this is additionally required by relevant signs.
2. display /attach the proof of a valid parking entitlement, making it clearly visible from outside the vehicle behind the windscreen, if this is additionally required by relevant signs.
3. not to exceed the maximum permitted parking time for the parking facility as indicated by signs - including any additional parking time purchased by him/her.
4. park the vehicle only during the published opening hours of the parking facility.
5. park the vehicle only within designated parking spaces marked for vehicle parking and not in driveways, fire lanes, or other prohibited areas. If there are no visible parking space markings, the vehicle must be parked in such a way that it does not obstruct and/or endanger other users.
6. not park the vehicle in spaces reserved for employees or other authorised parkers unless the driver holds the appropriate authorisation.
7. not park the vehicle in spaces marked as “Women’s Parking” unless authorised to do so.
8. The parking facility may not be used for purposes other than those for which it was intended, especially not for mere drive-throughs, crossings or short-cuts, the repair of vehicles or for other measures or other forms of conduct which do not serve the intended purpose of the parking facility.

6.  CONTRACTUAL PENALTIES

1. The driver shall owe Smart Parking a contractual penalty if, contrary to Section 5.I, he/she fails to place or display a parking disc inside the vehicle that is clearly visible from the outside, behind the windscreen, with the actual time of arrival set. This shall only apply where the signs in the parking area require the display/attachment of a parking disc.
2. The driver shall owe Smart Parking a contractual penalty if, contrary to Section 5.II, he/she fails to place or display proof of parking entitlement inside the vehicle that is clearly visible from the outside, behind the windscreen. This only applies where signs in the parking area require the placement or display of a proof of parking entitlement.
3. The driver shall owe Smart Parking a contractual penalty if, contrary to Section 5.III, he/she exceeds the maximum permitted parking duration designated for the parking area, including any additional parking time he/she may have purchased.
4. The driver shall owe Smart Parking a contractual penalty if, contrary to Section 5.IV, he/she parks his/her vehicle on the parking area outside the designated opening hours unless he/she is otherwise permitted to do so by other agreements.
5. The driver shall owe Smart Parking a contractual penalty if, contrary to Section 5.V, he/she parks his/her vehicle outside the designated parking spaces.
6. The driver shall owe Smart Parking a contractual penalty if, contrary to Section 5.V, in the absence of visible parking space markings, he/she parks in such a way that other users are obstructed and/or endangered.
7. The driver shall owe Smart Parking a contractual penalty if, contrary to section 5.VI, he/she parks the vehicle in a parking space reserved for employees or other authorised parkers without being authorised to do so him/herself.
8. The driver shall owe Smart Parking a contractual penalty if, contrary to section 5.VII, he/she parks the vehicle in a parking space designated as a “women’s parking space” without being authorised to do so.
9. The driver shall owe Smart Parking a contractual penalty if, contrary to Section 5.VIII, he/she uses the parking premises solely for drive throughs, crossings, vehicle repairs, or other transport or traffic purposes that do not serve the intended purpose of the parking area.
10. If the driver leaves the vehicle overnight on the parking premises without the appropriate authorisation, a contractual penalty shall be incurred for each subsequent day (or part thereof) following the first day of the parking violation until the parking violation ends.
11. The amount of the contractual penalty forfeited in each case is displayed on the “Contractual Penalty” sign.
12. If a parking violation extends beyond a single calendar day, each commenced calendar day shall be considered a separate violation. Accordingly, the user owes the contractual penalty associated with the parking violation for each commenced calendar day. This applies up to a maximum limit of ten times the contractual penalty.
13. In the case of vehicles with foreign number plates, an additional administrative fee is charged due to the increased difficulty in identifying the owner and recovering the penalty. The expenses are capped at the amount of one contractual penalty.
14. The respective contractual penalty does not apply if the driver is not responsible for the violation.

7.  In the event of a violation of one or several obligations under Section 5 of these General Terms and Conditions, Smart Parking is entitled to conduct an owner inquiry through a service provider and charge an additional €8.00, including a processing fee for this.

8.  Furthermore, in the event of a parking violation, Smart Parking is entitled to remove the vehicle from the parking premises at the cost and risk of the user. This also applies in cases where vehicles are parked without a visible official number plate, or with a leaking fuel system, or in the event of other defects that endanger the operation of the parking premises. It also applies to vehicles that are parked contrary to the terms of use, unlawfully, obstructively, or in reserved parking spaces, particularly where no proof of parking entitlement is evident. However, this does not constitute an obligation on the part of the operator to tow away the vehicle. In all cases, the user remains responsible for any risks or dangers posed by his/her vehicle.

9. LIABILITY

For the duration of this contract, Smart Parking is liable only for damages demonstrably caused by breaches of duties by Smart Parking, its employees, or agents. Smart Parking shall therefore not be liable for damage caused solely by natural events, other drivers or third parties, and in particular as a result of theft or damage to the vehicle. Smart Parking shall only be liable for breaches of duties in the event of intent or gross negligence, unless otherwise specified. In cases of ordinary negligence, Smart Parking shall only be liable for personal injury (loss of life, physical injury, or health impairment) or breaches of essential contractual obligations, the fulfilment of which enables the proper execution of the contract and upon which the driver relies and may rely.

10. REPORTING OF DAMAGE

The driver is obliged to report obvious damage to Smart Parking in writing or by email within 14 days. If the driver fails to comply with this reporting obligation, all claims for damages against Smart Parking are excluded unless the driver is not responsible for the violation. This exclusion of liability shall not apply if the driver has suffered personal injury or if Smart Parking caused the damage through gross negligence or intent.

11. MISCELLANEOUS The above conditions shall apply regardless of whether Smart Parking's liability is based on the contract or another legal basis.

12. If a regulation of these terms and conditions should be or become ineffective or impossible to enforce then this shall not affect the effectiveness or enforceability of the remaining provisions of these terms and conditions. Those statutory provisions that come closest to the recognisable intentions of the parties in economic terms shall then apply in addition. The same applies to potential loopholes of these provisions.

13. If the user of the parking premises is an entrepreneur, the place of jurisdiction for all legal disputes arising from or in connection with these terms and conditions or their existence shall be Düsseldorf, unless mandatory legal provisions prescribe a different place of jurisdiction.

14. You can also view these General Terms and Conditions on our website at https://www.smartparking.com/de/terms-and-conditions-english in German, French, Italian, Spanish, and Turkish. However, this is solely for the purpose of better understanding; in the event of any contradictions, the German version of these General Terms and Conditions alone shall prevail.