McParking Germany GmbH
General Terms and Conditions of Business
Validity of the General Terms and Conditions
These General Terms and Conditions (GTC) apply to all offers and services of McParking Germany GmbH (Gebrüder-Hirth-Str. 27, 12526 Berlin, www.mcparking.de). McParking does not recognise 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. McParking's GTC also apply if McParking performs the services without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from these GTC.
McParking's offers 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 provided by McParking to and from the airport free of charge on a one-off basis.
McParking is obliged to provide the customer with the booked parking space(s) for the agreed duration. The customer is not entitled to a specific parking space unless this has been expressly agreed in writing. When booking the product "Car park incl. transfer", no covered parking space is guaranteed. The multi-storey car park has a total of 8 levels, the top level of which is not covered. At times of high demand, McParking is authorised to allocate this top level to customers. 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 pick up their car late (e.g. due to flight delays or cancellations).
When booking a car park including charging service (electric car), the customer is also obliged to deposit the vehicle key with McParking. McParking is entitled to move the customer's car to another parking space once the charging process has been completed in order to be able to offer the charging service to other customers if the parking spaces with charging stations are fully occupied.
If the customer returns early, there is no entitlement to a refund, except for customers who have booked the McParking money-back guarantee. If a customer has booked the McParking money-back guarantee and returns early (at least 24 hours before the booked exit time), McParking will only charge the actual parking time according to the price table valid at the time of booking. The customer will be refunded the difference between the booked and the used parking period as well as the €5 of the money-back guarantee.
McParking is entitled to a right of retention and a statutory right of lien on the customer's parked vehicle due to its claims arising from the rental contract.
The transfer of user rights to third parties is excluded. If the customer does not remove the vehicle after the rental period has expired, the rental relationship is not tacitly extended for an indefinite period. 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 overdue day and EUR 10.00 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 car park is fully 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.
Behaviour on the company premises
The provisions of the German Road Traffic Regulations (StVO) apply on McParking's premises. Driving on the entire premises is only permitted at walking pace. The customer must observe the traffic signs and follow the instructions of McParking employees and their vicarious agents and authorised representatives at all times. Every customer and the persons accompanying them must behave in such a way that nuisance, danger and damage to third parties are avoided.
Vehicles may only be parked within the marked parking spaces. The customer must ensure that other vehicles are not obstructed, particularly with regard to unhindered parking and exiting from and to neighbouring parking spaces. If a customer vehicle is parked in such a way that it obstructs other already parked customer vehicles so that they cannot park out, McParking is authorised to have the obstructing vehicle moved and to charge the owner the costs of the relocation plus an administrative fee of EUR 50.00 plus VAT. The customer reserves the right to provide evidence of lower damages. If the customer is allocated a specific parking space, the customer is obliged to park his vehicle exclusively in the allocated parking space. Once the vehicle has been parked, the renter is obliged to lock the vehicle properly and secure it in the usual manner.
By entering the McParking premises, the customer assures that the driver is in possession of the required driving licence and that the vehicle has the legally required 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, storing items of any kind (in particular fuels, flammable objects, empty fuel containers, tyres, bicycles, etc.), trying out or running engines and parking vehicles with a leaking tank or engine on McParking's premises without the express written permission of McParking. Contamination caused by the customer or his companions must be removed immediately and properly by the customer. If the customer fails to do so, McParking is entitled to remove the soiling at the customer's expense. In the event of contamination of the soil or groundwater, the removal must be carried out by an authorised specialist company at the customer's expense; in these cases, the customer has no right to remove the contamination himself. It is not permitted to remain on McParking's premises for purposes other than vehicle parking and collection, loading and unloading or during any waiting times 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 premises in the event of imminent danger.
Smoking on the McParking premises is prohibited. Smoking is only permitted in marked areas.
Shuttle service
Tenants of a parking space on McParking's premises are entitled to use a free shuttle service from McParking's premises to the local airport and back for a maximum of 5 people per vehicle. For each parking space booked, this includes a one-off journey to the airport and a one-off journey from the airport to the car park. For additional shuttle journeys, a payment of EUR 10.00 is due for each journey made. This also applies to people who have accidentally boarded our shuttle bus although they were travelling to another provider. At the Berlin-Brandenburg locations, an additional EUR 5.00 per person and vehicle will be charged from the 6th person onwards.
In the event of high passenger volumes, we reserve the right to transport only the drivers of the vehicles in extreme situations (e.g. traffic jams, aircraft delays, etc.) in the interests of everyone.
The luggage of the customer and their accompanying persons will be transported free of charge up to the quantity and weight stipulated in the conditions of the charter and scheduled airlines for free transport. McParking is only obliged to transport excess and bulky baggage by separate written agreement, otherwise this must be transported to the airport by the customer prior to parking. The shuttle service is customised to the customer's departure and landing times, i.e. McParking will leave when you arrive. At the McParking location in Berlin Bohnsdorf, a large shuttle bus runs at fixed departure times. Customers must ensure that they are at the location in time for check-in. Transport to the airport is provided to the stopping point specified by the airport operator, which is as close as possible to the terminal where the customer's check-in desk is located. McParking is only liable for late arrival at the airport if the customer's details are correct, the customer arrives at McParking to use the shuttle service at least 30 minutes before the start of the check-in time specified by the respective airline and is unable to reach his flight due to the fault of McParking. Liability for delays due to force majeure or for traffic-related delays for which McParking is not responsible is excluded.
Return transport from the airport to McParking's premises is provided in accordance with the current bus timetable. McParking is entitled to refuse transport to persons under the influence of alcohol or who are rowdy. Fees already paid will not be refunded in this case. In special cases, McParking can also have the shuttle transport carried out by external companies, e.g. taxis or hire cars. The contract can only be awarded by McParking and does not result in any additional costs for the customer. Under no circumstances can McParking be held liable for the transport companies commissioned. In the event of diversions to other airports, McParking is not obliged to collect the renter from the respective airport.
Prices and terms of payment
For the parking services offered by McParking, the specified 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 booking or on departure. If the customer does not accept the agreed services from McParking, he remains obliged to pay the agreed fee to McParking, subject to conflicting statutory provisions. 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 displayed in the car park 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, but McParking may be entitled to a reason for cancellation, which can be declared immediately after the error (incorrect price on the Internet) becomes known. When redeeming promotional vouchers, the customer will not be paid any difference, even if the voucher value exceeds the parking price, booked extra services are not reduced by the voucher and double discounts are not possible. The ADAC member discount can only be deducted from the price on 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 second parking space is blocked as a result.
Cancellation/right of withdrawal
Irrespective of the right of cancellation to which consumers are entitled within the meaning of Section 13 of the German Civil Code (BGB), the customer may withdraw from the contract in writing free of charge up to 24 hours before the start of the agreed rental period and any payments of the parking price made in advance will be refunded. If the cancellation is made later, the full parking price must be paid. If customers fail to make a justified payment for reasons for which they are responsible (failure to make a bank transfer, chargeback in the case of credit card payment or direct debit, no-show on the day of booking and no cancellation in this respect), the booking documents may be forwarded to a debt collection service to enforce this claim. Additional costs may be incurred in this connection, which must be borne by the customer. The customer is free to prove that McParking has incurred no or less damage. The above paragraph does not apply in cases of special offers that are also clearly marked as non-cancellable. In such cases, it is not possible to withdraw from the rental contract and therefore any refund of the fee already paid is not possible. Statutory cancellation and termination rights of the parties remain unaffected by the above provisions. McParking will not refund deposits paid to travel agencies or third parties.
Cancellation policy for consumers for distance contracts
Right of cancellation
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 the right to cancel, you must inform McParking (McParking, Dr Till Bunse, Gebrüder-Hirth-Straße 27, 12526 Berlin, phone: +49 (0)30 398 377 06, fax: +49 (0)30 398 377 08, e-mail: info@mcparking.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which 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 for in the contract.
- End of the cancellation policy -
Special information on the premature expiry of the right of cancellation
Your right of cancellation expires prematurely if we have provided the service in full and have only started to provide the service after you have given your express consent and you have simultaneously confirmed your knowledge that you will lose your right of cancellation if we have fulfilled the contract in full.
Exclusion of the right of cancellation
The right of cancellation 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 of services.
Sample cancellation form
(If you wish to cancel the contract, you can use this template, although this is not obligatory)
- To McParking, Dr Till Bunse, Gebrüder-Hirth-Straße 27, 12526 Berlin, Fax: +49 (0)30 398 377 08, E-Mail: info@mcparking.de
- I / we (*) hereby cancel 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 paper notification) - Date.
_______________
(*) Delete as appropriate
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 recordings from the surveillance cameras 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 and our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. those obligations whose fulfilment is of particular importance for achieving the purpose of the contract) are affected, we shall also be liable for slight negligence. Liability shall be limited to the foreseeable damage typical of the contract. 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 damage typical for the contract. The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability. We are not liable for damage, destruction or theft by third parties of the motor vehicle or movable / built-in objects from the motor vehicle (e.g. car radio, car telephone, mobile phone or personal valuables, photographic equipment, navigation systems etc.) or objects attached to or on the motor vehicle. The other liability rules are not affected by this. The customer indemnifies McParking against damage caused by force majeure as well as damage caused by internal and external unrest, acts of war and elementary forces of nature. McParking is not liable for damage to and destruction of motor vehicles, including their contents and loads, caused by the actions of third parties, e.g. other tenants or other persons.
If a vehicle does not start due to a technical defect, it is the customer's responsibility to take appropriate measures. If the vehicle does not start when it is returned, McParking is not liable for any return journey or accommodation costs incurred as a result. No liability is assumed for technical or mechanical defects (e.g. tyres, clutch, gearbox, etc.) of a vehicle that occur after the vehicle has been handed over and before it is returned, nor for damage caused to a vehicle by other road users (customers) (scratches, etc.). If such damage occurs without a perpetrator being reported, it is a hit-and-run offence; McParking is not responsible for prosecuting this.
If McParking employees jump-start vehicles that no longer start due to flat or weak batteries, this is done exclusively on the instructions and at the risk of the customer and without any guarantee of subsequent functionality. The renter is obliged to inspect his vehicle on collection before it is started and to report any damage to his vehicle immediately to a McParking employee. McParking cannot accept any liability for damage that is not reported accordingly.
McParking is liable in accordance with the statutory provisions if McParking culpably breaches a material 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 under the Product Liability Act, statutory liability regardless of fault and claims by the customer that arose before the contract was concluded.
Unless otherwise stipulated above, McParking's liability is excluded. Regardless of fault, the customer is liable for all damage caused by technical defects caused by the vehicle brought onto McParking's premises by him or third parties authorised by him.
The customer hereby assigns to McParking his own claims against insurance companies or other third parties arising from a claim for which he is responsible or due to a technical defect in his vehicle, insofar as McParking has suffered damage.
McParking does not guarantee that McParking employees speak foreign languages. McParking accepts no liability for misunderstandings caused by a lack of foreign language skills on the part of employees.
Applicable law, place of fulfilment and place of jurisdiction
Insofar as there are no mandatory statutory provisions to the contrary under your national law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Depending on the car park used, the place of fulfilment is the registered office of McParking in Berlin, unless a different place of fulfilment has been expressly agreed.
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract if you are a merchant, 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 in the Republic of Poland.
Berlin, 19 November 2025