McParking Germany GmbH
General Terms and Conditions

Application of the general terms and conditions
These General Terms and Conditions (GTC) apply to all offers and services from McParking Germany GmbH (Gebrüder-Hirth-Straße 27, 12526 Berlin, www.mcparking.de). McParking does not recognize any terms and conditions of the customer that conflict with or deviate from these GTC, unless McParking has expressly agreed to their validity in writing. The General Terms and Conditions of McParking also apply if McParking performs the services without reservation while being aware of the customer's conflicting or different terms and conditions.
The offers from McParking are subject to change. Contracts are only concluded when McParking confirms the customer's booking request.

Rental contract

McParking offers passengers at Berlin Brandenburg Airport the opportunity to park their vehicle in the car park operated by McParking for a fee and to use the shuttle service set up by McParking to the airport and back once free of charge.
McParking is obliged to provide the customer with the booked parking space(s) for the agreed duration. The customer has no right to a specific parking space, unless this has been expressly agreed in writing. When booking the "Car park incl. transfer" product, a covered parking space is not guaranteed. The multi-storey car park has a total of 8 levels, the top level of which is not covered. McParking is authorised to allocate this top level to customers at busy times. McParking endeavours to fulfil all customer requests and bookings in full, but at the same time there may be deviations from the planning, e.g. if customers collect their cars late (e.g. due to flight delays or cancellations).
In case of booking a parking space including charging service (e-car), the customer is obliged to additionally deposit the vehicle key with McParking. McParking is entitled to move the customer's car to another parking space, provided that the charging process has been completed, in order to be able to offer the charging service to other customers when the parking spaces with charging columns are fully occupied.  
In the event of premature return of the customer, there is no claim to payment, except for customers who have booked the McParking money-back guarantee.
McParking is entitled to a right of retention due to its claims from the rental contract as well as a legal lien on the customer's parked vehicle.
A transfer of the user rights to third parties is excluded. If the customer does not remove the vehicle after the expiry of the rental period, no tacit extension of the rental agreement for an indefinite period of time occurs. In this case, McParking can demand compensation for the period until the vehicle is removed. The costs incurred amount to EUR 10.00 for the first day overdue and EUR 5.00 for each additional day. If the booked parking period is knowingly and intentionally exceeded by the customer, we reserve the right to have the customer's vehicle towed away. This applies in particular if the parking space is completely booked and a customer knowingly provides false information in order to spontaneously obtain a parking space. Exceptions only apply if the customer can prove that the parking period was not exceeded through his own fault and he informs McParking of this in good time.

Behavior on the company premises
The regulations of the German Road Traffic Act (StVO) apply on the McParking premises. Driving on the entire premises is only possible at walking pace. The customer must observe the traffic signs and follow the instructions of McParking employees and their vicarious agents and agents at all times. Every customer and the people accompanying him must behave in such a way that nuisance, hazards and damage to third parties are avoided.
Vehicles may only be parked within the marked parking spaces. The customer has to make sure that other vehicles are not hindered, particularly with regard to unhindered parking in and out of and to neighboring parking spaces. If a customer vehicle is parked in such a way that it hinders other customer vehicles that are already parked in such a way that they cannot park out, McParking is authorized to have the obstructing vehicle implemented and to bear the costs of the implementation plus an administrative effort of EUR 50.00 plus VAT to be invoiced. The customer reserves the right to prove less damage. If the customer is allocated a specific parking space, the customer is obliged to park his vehicle exclusively on the allocated parking space. After the vehicle has been parked, the lessee is obliged to properly lock the vehicle and secure it in accordance with normal traffic conditions.
By driving on McParking's premises, the customer assures that the driver is in possession of the required driver's license and that the vehicle has the statutory insurance cover until it leaves the premises. The customer is prohibited from carrying out repairs to vehicles, washing or cleaning vehicles, draining cooling water, fuels or oils, disposing of waste, any kind of goods (in particular operating materials, flammable objects, storing empty fuel containers, tires, bicycles, etc.), trying out or running engines, and parking vehicles with a leaky tank or engine. Contamination caused by the customer or his companions must be removed immediately and properly by the customer. If he fails to do so, McParking is entitled to remove the contamination at the customer's expense. If the soil or groundwater is contaminated, it must be removed by an authorized specialist company at the customer's expense; in these cases, the customer has no right to do it himself. It is not permitted to stay on the McParking premises for purposes other than parking and picking up, loading and unloading, or while waiting for the shuttle. McParking is entitled to refuse to park the vehicle on McParking's premises in the event of imminent danger and to remove vehicles from the company premises in the event of imminent danger.
Smoking on the McParking premises is prohibited. Smoking is only permitted on marked areas.

Shuttle-Service
Tenants of a parking space on the McParking premises are entitled to use a free shuttle service from the McParking premises to the respective local airport and back for a maximum of 5 people per vehicle. For each parking space booked, this includes the one-time trip to the airport and the one-time trip from the airport to the parking lot. In the case of additional shuttle journeys, a payment of EUR 10.00 is due for each route completed. This also applies to people who accidentally boarded our shuttle bus, even though they wanted to go to another provider. At the Berlin-Brandenburg location, an additional EUR 5.00 per person and vehicle will be charged from the 6th person.
In the interest of everyone, we reserve the right to only transport the drivers of vehicles in extreme situations (e.g. traffic jams, aircraft delays, etc.) in the event of a high volume of passengers.
The baggage of the customer and his / her accompanying persons will be transported free of charge up to the amount and weight that are set according to the conditions of the charter and scheduled airlines for free transportation. McParking is only obliged to transport excess and bulky baggage after a separate and written agreement, otherwise the customer must transport the baggage to the airport automatically before entering the park. The shuttle service takes place individually with regard to the departure and landing times of the customer. H. McParking drives when you are there. A large shuttle bus runs at fixed departure times at the McParking location in Berlin Bohnsdorf. Customers have to ensure that they are at the location in time for check-in. Transportation to the airport takes place up to the stopping point determined by the airport operator, which is as close as possible to the terminal where the customer's check-in counter is located. McParking is only liable for late arrival at the airport if the customer's information is correct, the customer arrives at McParking at least 30 minutes before the start of the check-in time specified by the respective airline to use the shuttle service and because of fault McParking no longer reached his flight. Liability for delays due to force majeure or for traffic-related delays not caused by McParking is excluded.
The return transport from the airport to McParking's premises is based on the current bus schedule. McParking is entitled to refuse transportation to persons who are drunk or rioting. In this case, fees already paid will not be reimbursed. The McParking company can also transport the shuttle in special cases through external companies, e.g. B. let taxi or rental car run. The order can only be placed by McParking and does not result in any additional costs for the customer. Under no circumstances is McParking liable for the contracted transport companies. When redirecting to other airports, McParking is not obliged to pick up the tenant from the respective airport.

Prices and terms of payment
For the parking services offered by McParking, the stated daily prices apply per commenced calendar day, even if the customer only uses the parking services offered by McParking temporarily on the respective calendar days. The customer pays the agreed prices in advance without deduction either by online payment after the booking has been made, at the beginning of the parking period or at the latest on departure. If the customer does not accept the agreed services of McParking, he remains obliged to pay the agreed fee to McParking, subject to contrary legal regulations. No further reductions or discounts will be granted on discounts already given. If, due to technical defects, the prices on the Internet are incorrectly priced, the price lists posted at the car park shall apply in any case, provided that it was clearly and undoubtedly recognisable to the customer that the prices on the Internet were incorrect. Otherwise the contract remains valid, however, McParking is entitled to a ground for rescission under certain circumstances, which can be declared immediately after the error (incorrect price on the Internet) has become known. When redeeming promotional vouchers, no difference will be paid to the customer, even if the voucher value exceeds the parking price, booked extra services will not be reduced by the voucher and no double discounts are possible. The ADAC member discount can only be deducted from the price upon presentation of a valid ADAC membership card. McParking reserves the right to charge an increased parking fee of up to 100% surcharge if the customer parks outside the parking space markings and a 2nd parking space is blocked as a result.

Withdrawal / Withdrawal
The customer can i. S. d. § 13 BGB right of withdrawal at any time up to the start of the agreed rental period in writing, by fax or by email from the contract.
If the cancellation is made up to 24 hours before the start of the agreed rental period, the cancellation is free of charge for the customer. Customers who have already paid online can also cancel the parking space up to 24 hours before arrival and will be refunded the amount paid.If the withdrawal is made later, the full price of the fee must be paid. If, for reasons for which you are responsible, you have not made a reasoned payment (no transfer, refund in the case of credit card payment or direct debit, no-show on the day of booking and no cancellation in this regard), we will send your booking documents to the collection service Resolutas with the enforcement of this Advancement. In this context, additional costs may arise, which in this case are to be borne by you. The customer is free to prove that McParking has suffered no or less damage. The preceding paragraph does not apply in the case of special offers that are clearly marked as non-cancellable. In such cases, it is not possible to withdraw from the rental agreement and thus possibly reimburse the fee already paid.
Statutory rights of withdrawal and termination of the parties remain unaffected by the above regulations.
Down payments to travel agents or third parties are not reimbursed by McParking.

Cancellation policy for consumers in distance contracts
Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must McParking (McParking, Dr. Till Bunse, Gebrüder-Hirth-Straße 27, 12526 Berlin, Telephone: +49 (0) 30 398 377 06, Fax: +49 (0) 30 398 377 08, e-mail: info@mcparking.de) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to cancel this contract. You can use the attached model withdrawal form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should start during the cancellation period, you have to pay us a reasonable amount, which is the proportion of the services already rendered in the service up to the point in time when you inform us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided in the contract.
– End of revocation –

Special information on the premature expiry of the right of withdrawal
Your right of cancellation expires prematurely if we have completed the service and have only started to perform the service after you have given your express consent and at the same time you have confirmed your knowledge that you will lose your right of cancellation if we fully fulfill the contract.

Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision.

Model withdrawal form
(If you want to cancel the contract, you can use this template, although this is not mandatory.)
- To McParking, Dr. Till Bunse, Gebrüder-Hirth-Straße 27, 12526 Berlin, Fax: +49 (0) 30 398 377 08, email: info@mcparking.de

- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only for notification on paper) - Date
_______________
(*) Delete where inapplicable.

Note on video surveillance

For the safety of our customers and to prevent and investigate theft and damage, we use video surveillance on our premises. Please note the following important information on video surveillance:

Surveillance areas:
In the multi-storey car park, all parking rows and all entrances and exits are monitored.
In the car park, video surveillance is limited to the entrance and exit.

Storage duration and data management:
The surveillance camera recordings are stored for a maximum of 72 hours and then automatically overwritten. The recordings are not stored for longer unless this is required by law or necessary to clarify an incident.

Purpose of video surveillance:
The sole purpose of installing video surveillance is to prevent theft and to clarify any damage caused during the tracing period.

Release of video material:
Video material is only released to the police on request. It is not released to other third parties.

We use video surveillance in strict compliance with data protection regulations. If you have any questions about our surveillance system or your rights, please do not hesitate to contact us.

Liability
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. As far as essential contractual obligations (consequently those obligations, the observance of which is of particular importance for the achievement of the purpose of the contract) are affected, liability is also for slight negligence. Liability is limited to the foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable, contract-typical damage. The above disclaimer does not apply to liability for damage to life, limb or health. The provisions of the Product Liability Act remain unaffected by this disclaimer. Liability for damage, destruction or theft of the set motor vehicle or moving / built-in objects from the motor vehicle (e.g. car radio, car phone, cell phone or personal valuables, photographic equipment, navigation systems etc.) or things attached to or on the motor vehicle by third parties we are not. This does not affect the other liability rules. The customer indemnifies McParking in the event of force majeure damage as well as damage caused by internal and external unrest, war events and elementary natural forces. McParking is not liable for damage and destruction of motor vehicles, including their contents and loads, caused by acts of third parties, e.g. B. caused by other tenants or other persons.
If a vehicle does not start due to a technical defect, it is up to the customer to take appropriate measures. If the vehicle does not start when you return it, McParking is not liable for any return or accommodation costs incurred. No liability is assumed for technical or mechanical defects (e.g. tires, clutch, gearbox, etc.) of a vehicle that occur after the vehicle has been handed in and before the vehicle is returned, nor for damage that other road users (customers) cause to a vehicle (scratches or similar). If such damage occurs without a cause being reported, the driver is escaping; it is not McParking's responsibility to pursue them.
If McParking employees give start-up assistance to vehicles that are no longer starting due to empty or weak batteries, this is only done according to instructions and at the risk of the customer and without guarantee of subsequent functionality. The lessee is obliged to inspect his vehicle before picking it up and to report damage to his vehicle immediately to a McParking employee. McParking cannot be held responsible for damage that is not reported accordingly.
McParking is liable according to the statutory provisions if McParking culpably violates an essential contractual obligation. In this case, McParking's liability is limited to the foreseeable, typically occurring damage. Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability according to the Product Liability Act, no-fault statutory liability and claims of the customer that arose before the contract was concluded.
Unless otherwise stipulated above, McParking's liability is excluded. Irrespective of fault, the customer is liable for all damage caused as a result of technical defects by the third party commissioned by him or by him on the McParking premises.
The customer hereby assigns his own claims against insurance companies or other third parties to McParking for a damage for which he is responsible or which has occurred due to a technical defect in his vehicle, insofar as McParking has suffered damage.
McParking does not guarantee that McParking employees are fluent in foreign languages. McParking assumes no liability for misunderstandings due to a lack of foreign language skills on the part of the employees.

Applicable law, place of performance and place of jurisdiction
Unless mandatory statutory provisions conflict with your home law, German law is deemed to have been agreed to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Depending on the parking space used, the place of performance is McParking's registered office in Berlin, unless another place of performance has been expressly agreed.
Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract if you are a businessman, a legal entity under public law or a special fund under public law or if you have no place of jurisdiction in the Federal Republic of Germany or the Republic of Poland.

Berlin, May 06, 2024