Setting conditions

KomParking GmbH parking conditions (as of April 3, 2024) for parking facilities with license plate recognition and electronic payment options

These parking conditions apply to all parking spaces of Komparking GmbH, Dahlienweg 57 in 46395 Bocholt, hereinafter referred to as the landlord, which are equipped with a parking system with license plate recognition.

Email: parken@komparking.de · Website: www.komparking.de

I. Contract

  1. The lessor will provide the tenant with a free and suitable parking space for his motor vehicle in the parking lot in accordance with the following regulations. The landlord will automatically record the parking times of the individual cars using license plate recognition through optical electronic devices when entering and exiting and will also automatically store the data using electronic data processing. When entering the parking lot, a rental agreement for a limited parking period is concluded.

  2. Guarding, storing or monitoring the vehicle, its accessories and the items located in the vehicle as well as the granting of insurance cover in general are not the subject of the contract.

II. Parking fee-duration

  1. The parking fee for each occupied parking space is calculated according to the price list posted.

  2. The vehicle can only be picked up during the announced opening hours.

  3. The maximum parking time for short-term parking is 24 hours, unless another special written agreement has been made. After the maximum parking time for short-term parking has expired, the lessor is entitled to remove the vehicle at the tenant's expense. In addition, the lessor is entitled to a fee in accordance with the rental price list until the vehicle is removed.

  4. The parking process can be paid for cashlessly by entering the vehicle registration number at the pay machine, via third-party smartphone applications and via third-party web applications. Cash payment is possible at designated locations during normal opening hours.

  1. If the car park is left without paying, the exit camera records the license plate number and thus the length of time the car is parked. The renter then has the option of transferring the parking fee within 48 hours or paying the parking fee using one of the options listed under II. Paragraph 5. See also the additional information at www.komparking.de . After 48 hours, a contractual penalty of €40.00 is due and the landlord will query the owner in order to initiate a dunning process. If payment is not made after 48 hours, the renter is automatically in default. A payment request/reminder sent in the event of non-payment increases the costs by the administration fee, owner identification, postage and expenses. If the payment request sent does not result in payment of the claim, the landlord is required to pass the matter on to the debt collection company ETI experts GmbH or another service provider. This will incur further costs.

  2. The right to payment of the parking fee does not expire if a parking fee is paid using the claim "honest payment" and a false license plate number. The resulting claim for unpaid parking fees must be settled within the next 48 hours. After the 48 hours have elapsed, a dunning procedure will be initiated as described in II. Paragraph 6. In individual cases, the landlord can, as a gesture of goodwill, drop the claim for payment made using false information and arrange for a refund.

  3. Subject to this regulation, the landlord is liable for all damage caused by the landlord, its employees or agents. The landlord is not liable for damage caused by natural events such as flooding, adverse weather conditions or the tenant's own behavior or the behavior of third parties. The tenant is aware that the parking spaces are natural fields and meadows. Driving and parking on them is therefore at the tenant's own risk. The tenant is also aware that the temporarily provided parking spaces are large temporary parking spaces and that there are therefore no regulations in the road traffic regulations regarding the lighting of the areas. The tenant acts on his own responsibility and is obliged to inform his passengers about the facts of these regulations.

  4. The tenant is obliged to report any obvious accidents or damage to their vehicle immediately and before leaving the parking facility via the KomParking hotline +49 171 269 5697. The tenant must notify the landlord of any claims in writing within three days of leaving the parking facility. The tenant must also notify the landlord of any other damage to their vehicle in writing within seven days of leaving the parking facility. If the notification is not made in a timely manner, all warranty and compensation claims by the tenant are excluded. If the tenant asserts a compensation claim against the landlord, it is up to him to prove that the landlord has culpably breached his contractual obligations.

  1. The landlord’s liability for property damage or financial loss caused by negligent conduct is limited to €100,000.00.

  2. In the case of property damage and financial loss caused by slightly negligent conduct on the part of the landlord, the tenant is also obliged to contribute to the damage settlement in the amount of €300.00 (own contribution).

III. Tenant’s liability

The tenant is liable for all damage caused to the landlord or third parties by himself, his employees or his agents. In this respect, he is also liable for culpable contamination of the parking areas/grounds through behavior that goes beyond the common use of the parking areas. This also includes the depositing of garbage within the parking facility and contamination caused by leaking vehicle operating fluids.

IV. Lien

The landlord has a right of retention and a statutory lien on the renter's parked vehicle due to his claims under the rental agreement. If the renter is in default with the settlement of the landlord's claims, the landlord can only enforce the lien two weeks after threatening to do so at the earliest.

V. Terms of use for parking spaces

You must drive at walking pace. The instructions of the supervisory staff must be followed. Otherwise, the provisions of the road traffic regulations apply. The following are prohibited in the parking facility:

  1. the presence of unauthorized persons without a parked vehicle.

  2. the parking of vehicles not registered with the police;

  3. the unauthorized parking of vehicles outside of the parking space markings, such as in the roadway area.

  4. the distribution and display of advertising (e.g. windscreen wiper advertising, posters, etc.) without the written consent of the landlord.

  5. a use not related to the parking process. VII. Towing and other services provided by KomParking as lessor

VI. Towing and other services provided by KomParking as lessor

  1. If the renter parks his vehicle outside the allocated area contrary to the aforementioned provisions, the lessor is entitled to move or tow the vehicle at the renter's expense.

  2. In the event of violations, visual documentation is created as part of parking space monitoring and stored for evidence purposes.

  3. If the landlord's services are used in adverse weather conditions, the following is agreed. The tenant can use the landlord's free assistance service at his own risk. For example; possible tractor towing services and other assistance. Any damage that may occur as a result, dirt on the vehicle or clothing, resulting delays and subsequent costs are NOT the responsibility of the landlord.

  4. The renter is solely responsible for himself, his passengers and his vehicle in the parking lot!

VII. Data protection information

According to the General Data Protection Regulation (GDPR), which came into force on May 25, 2018, the landlord must inform the tenant as follows, which the tenant confirms by concluding this contract:

  1. Person responsible for data processing: The person responsible for data processing within the meaning of data protection regulations is the landlord with the contact details provided below. The landlord's data protection officer is: Hartmut Fahrland - Data Protection Officer - Dahlienweg 57 in 46395 Bocholt E-mail: parken@komparking.de

  2. Purpose and legal basis of data processing to carry out parking space monitoring within the framework of the contract concluded with the tenant regarding the use of a parking space for a motor vehicle and the underlying parking regulations, the landlord collects and processes the tenant's personal data. When entering the parking lot (start of the parking process), the tenant informs the landlord of the license plate number of the vehicle he is driving, which is recorded by the landlord using automatic video-based license plate recognition. This data is combined with information about the start and end of the parking process (exit from the parking lot). The landlord processes personal data exclusively on the basis of Art. 6 Para. 1 S. 1 lit. b GDPR for the purpose of fulfilling the concluded contract, on the basis of Art. 6 Para. 1 S. 1 lit. f GDPR insofar as this is necessary to assert, exercise or defend legal claims and there is no reason to assume that the tenant has an overriding legitimate interest in not processing his data. Furthermore, on the basis of Art. 6 Paragraph 1 Clause 1 Letter c of GDPR, insofar as the landlord is legally obliged to do so.

  3. Disclosure of data The landlord will only pass on personal data to third parties if: 3.1. this is legally permissible and is necessary for the processing of contractual relationships with the tenant in accordance with Art. 6 Paragraph 1 Clause 1 Letter b of GDPR. 3.2. the disclosure in accordance with Art. 6 Paragraph 1 Clause 1 Letter f of GDPR is necessary to assert, exercise or defend legal claims and there is no reason to assume that the tenant has an overriding legitimate interest in not disclosing his data, or 3.3. there is a legal obligation to disclose the data in accordance with Art. 6 Paragraph 1 Clause 1 Letter c of GDPR.

VIII. Concluding remarks

The place of performance and jurisdiction is the nearest place of jurisdiction. Please send suggestions, requests and complaints to the management by email. Email: parken@komparking.de