Fa. H. Forster – COMFORT-PARKING-Parkservice

1. CONCLUSION OF THE VALET-PARKING CONTRACT

When the vehicle is handed over into the care of the personnel of H. Forster - COMFORT-PARKING-Parkservice and after the acceptance of the parking ticket a valet-parking contract has been concluded.

2. DURATION OF THE PARKING PERIOD, CONSEQUENCES OF EXCEEDING THE AGREED TIME, LESSOR’S RIGHT OF LIEN

The maximum duration of parking is two months. With a previous written agreement, a longer period of parking is also possible. If the vehicle is not picked up withing 4 weeks after the agreed period has expired, the H. Forster – COMFORT-PARKING-Parkservice is authorised, after a written notice, to put the vehicle up for auction after a further period of 2 months. After deduction of the costs incurred and the rental for the whole period of parking the remaining proceeds are made available to the owner of the vehicle. If the proceeds do not cover the costs incurred and the rental, then the owner respectively the person who parked the vehicle is obliged to pay the difference to the H. Forster COMFORT-PARKING-Parkservice. In the event of the loss of the parking ticket then the parking time entries made available by the lessor apply.

3. RETURN OF THE VEHICLE

The vehicle can only be collected after submission of the valid parking ticket and payment of the accumulated costs, unless otherwise agreed in writing when vehicle was handed over. The H. Forster – COMFORT-PARKING-Parkservice is not authorised to hand over the vehicle to anybody who cannot submit an original parking ticket without further verification of the legitimation. If the person who handed over the vehicle has lost the parking ticket, then the H. Forster – COMFORT-PARKING-Parkservice is authorised to verify the legitimation.

4. PRICES

Per handover and return procedure a one-time fee for the valet-parking will be charged, plus the charges for the valid parking rate for the holiday multistorey car park respectively the holiday car park. The respective valid prices have been published in our homepage www.COMFORT-PARKING.com.

5. LIABILITY

The lessor is liable for damage, culpably caused by him or his employees or his representatives when transferring the vehicle to the parking facility. The liability amount is limited to 150,000 Euro. Liability claims in excess of this must be borne by the lessee himself. Third party damage claims from the other party involved in the accident are handled via the vehicle owner’s third party insurance. Claims against the company H. Forster, resulting from third party claims on the part of other party involved in the accident, only exist for the compensation of the higher classification of the no-claims bonus for the vehicle third party insurance. The lessee is obliged to provide immediate notification of damage, in all events of obvious damage, when picking up his vehicle. The lessor is not liable for damage caused by other persons. This also applies to theft. The lessor is liable in the event of wilfulness and gross negligence, as well as injury to life and limb or the health to an unlimited amount for contractual claims and liability for criminal acts. This also applies to a breach of obligations by a vicarious agent or legal representative. For light negligence liability only exists for the breach of major obligations; in this case the liability for predictable, foreseeable damage is limited to EUR 1,000.00. Neither guarding nor custody are object of the contract.

If a vehicle does not start due to a technical defect it is the customer’s responsibility to take the appropriate actions. If the vehicle does not start during the return procedure, COMFORT-PARKING H. Forster is not liable for any return trip or accommodation costs. (Taxi, rental car, hotel). No liability will be accepted for mechanical defects (e.g. clutch, gearbox etc.) on a vehicle after it has been handed over or before it is returned. Any possible repairs are the customer’s responsibility. Vehicles that no longer start due to empty or weak batteries will be jump started by us, without a guarantee for subsequent functionality. A subsequent battery change is excluded and will not be accepted.

The lessor is generally not liable for damage that could have been caused by external influence on the outdoor car park (parking area not roofed over).

6. RESERVATIONS

Reservations are binding for us once a written confirmation has been issued. In the event of a cancellation of the reserved parking space no costs are incurred by the customer if the cancellation is sent via email to forster@comfort-parking.com more than 12 hours prior to the specified handover time. If this is not the case, 50 per cent of the calculated parking price will be charged. To identify every online reservation the IP-address is stored. After the vehicle has been handed over at the terminal, the reserved period will be charged to the full amount, even if the vehicle is returned before the reserved period has expired.

7. PLACE OF JURISDICTION

Place of jurisdiction is Düsseldorf, insofar as there are no legal regulations governing otherwise.

Version January 2019