Parkamo Terms and Conditions

effective as of March 30 2021

/Parkamo Terms and Conditions
Parkamo Terms and Conditions 2021-09-20T08:36:02+00:00

The following terms and conditions govern the relationship between you and us. We are Parkamo GmbH, Frauenstrasse 12, 80469 München. By opening an account with us (the ‘Account’), you agree to be bound by the terms and conditions contained in these Terms and Conditions which govern your use of the Account. Please read these Terms and Conditions carefully and keep it for future reference. If you have any questions about the information below, please contact our Customer Service. The terms ‘we’, ‘us’, and ‘our’ refers to Parkamo GmbH (‘Parkamo’). The term ‘Website’ refers to our website (parkamo.de or parkamo.com), as amended from time to time. The term ‘App’ refers to our “Parkamo” app for the iOS and Android operating systems, as amended from time to time. The term ‘Services’ refers to our parking search and booking system for on-street and garage parking areas and the related products and services or any other products and services that we may offer from time to time, including the Website and the App (collectively, the ‘Services’) provided pursuant to these terms and conditions (‘Terms and Conditions’). The terms ‘you’ and ‘yours’ refer to the individual or company registering for or using the Services offered by us.

1. Scope of Terms and Conditions

1.1 These Terms and Conditions apply to your use of the Website, App and Services owned or operated or offered by us.

1.2 Parkamo agrees to provide the Services that you register for. Our Services consist of a) offering a platform for users to rent parking spaces from private owners of parking spaces or professional parking area or garage operators (together “Operators” and “Parking Opportunities”) and b) for such Operators to offer their Parking Opportunities. Furthermore, we enable you to use the booking services of other service providers. You agree to perform the obligations set forth in these Terms and Conditions that are required to enable us to deliver the Services.

1.3 We hereby grant you a non-exclusive, non-transferable, limited right to access and use the Services for your own personal or your internal commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the Services in any way. We reserve the right to restrict your access to part or all of the Services at any time without notice or liability.

1.4 We are operating as a platform, which means that the Parking Opportunities offered in our Services are not offered by us but by the respective Operators. We may act as an agent for the respective Operators and may issue an invoice on their behalf but we do not rent the Parking Opportunities in our own name. The contractual relationship regarding the rent of the Parking Opportunities are solely between you and the Operators.

2. Opening an Account

2.1 You can open an Account with us in any way that may be offered by us from time to time, including but not limited to on our App, on our Website, by contacting our customer service, by us contacting you or by filling in a form (the ‘Registration Channels’).

2.2 To open an Account, you must provide us information that is required on the Registration Channels. We reserve the right to modify the list of required information at any time. Failure to provide us with the required information may prevent you from opening the Account.

2.3 Opening an Account with Parkamo is free of charge. You will only be charged if you rent any Parking Opportunities from any Operator.

2.4 You can finish the registration by selecting the “[Sign Up]”- Button in the Service. We may require you to confirm your email address by clicking on a link sent to your email address before we allow you to access the other Services.

3. Account Information

You may change your Account profile at any time. You agree to provide us with your valid registration information, including, without limitation, your contact information. You may not impersonate or misrepresent your identity to us. It is your responsibility to review and revise your Account information so that it is accurate and current at all times. We reserve the right to terminate your Account if it contains any untruthful information. You agree to notify us immediately in the event of an unauthorized use.

4. Renting a Parking Opportunity

4.1 You can use the Services to pay for parking by different methods, some or all of which can stop being supported by us at any time. In order to book a Parking Opportunity, you have to select the respective parking zone for the Parking Opportunity as displayed in our Service and enter the intended parking time and / or duration. It is your obligation to make sure that you selected the correct parking zone.

4.2 Parkamo’s Services can only be used in parking lots, areas and zones listed in the Parkamo App from time to time and/or lots, areas and zones that are equipped with Parkamo’s signage. Some Parking Opportunities may only be available if you register for and use certain supplemental parking services that are offered by third parties as described below (‘Third Party Services’). The booking process for such Third Party Services may be different from the booking process using only our Services, but that will be explained in the respective Service.

4.3 If you book a Parking Opportunity using only our Service, our Service will display the rental fee for the use of the Parking Opportunity for the intended parking time or per time unit until you terminate the Parking Opportunity. Furthermore, you will be requested to select the payment option and then you have to approve the booking by selecting the button “Start”.

4.4 The parking session is terminated either by reaching the desired time or the limited (legal) parking time in the area, or may be terminated by you manually or in some cases by camera registration.

4.5 You may extend your rent of the Parking Opportunity at any time, by adding additional time and completing the booking process. Not applicable to camera controlled parkings which are ended by exiting the parking.

4.6 You acknowledge that use of the Services does not guarantee you a parking space. You should start a parking session only after you have found an available Parking Opportunity.

4.7 If you want to use Third Party Services through our Services your may have to install such third party apps and connect your Third Party Service user account by storing your login credentials for such Third Party Service in our App. By connecting such accounts and storing your login-credentials in the App you grant Parkamo a power of attorney to connect to and interact with the respective Third Party Services on your behalf. This is clearly stated for the users in the process for connecting such accounts.

4.8 Parkamo collects information about parkings and prices through the user’s own interaction with Parkamo’s Smartphone App. You agree to give Parkamo the unlimited right to collect, store and use this information at Parkamos own discretion for all time.

5. Verification of Parking Transaction

The status of your parking transactions will be available in real-time in your Parkamo Account and can be accessed using the App. At its sole discretion, Parkamo may offer verification messages service by SMS, App notification messages or other methods of messages. Such service, if provided and subscribed, may incur additional costs.

6. Parking Receipts

Based on the product and parking provider selected by you, Parkamo may provide you with parking receipts via email and/or SMS and/or within the App when a parking is ended.

7. Managing your Account

7.1 You can access your Account to view your Account information, parking history and to change details using our App or by contacting our customer service.

7.2 You can access and print a periodic statement of the account at any time. Parkamo stores your parking data for a minimum of 3 months.

8. Responsibility for Personal Password

Your username and password are required to log in to our services and access the app. If you have reason to believe that someone else has gained access to your account or has knowledge of your password, you must inform Parkamo Customer Service immediately.

9. Unauthorized Use of Service

Your username and password are used to login and access the App. You shall immediately report to Parkamo’s customer service if there is reason to assume that someone else has obtained access to your Account or knowledge of the password.

9.1 You must contact us immediately if you believe that your Account has been used by an unauthorized person.

9.2 If you believe that your phone has been stolen or that someone has transferred or may improperly charge your Account without your permission, you must contact the customer service. If you fail to notify us promptly and you are negligent or fraudulent in the handling of the Account, you could incur additional charges.

9.3 If your phone or credit card has been reported lost or stolen, we may close the Account to keep both your losses and our losses as low as possible.

10. Fees

10.1 The Operators charge you for the parking fees and service fees as may be applicable from time to time. The Operators may authorize Parkamo or a service provider of Parkamo to collect the fees on their behalf. The Operators charge the fees to your credit card, debit card, or by any other method of payment that may be accepted from time to time.

10.2 You authorise us, until further notice, to charge your Account for extra charges you incur that are in excess of your previous booking as and when these charges become due.

10.3 Parking fees can be changed by the parking Operators at any time prior to any booking. Fees can not be changed once the Parking Opportunity has been rented. Modifications to parking fees are beyond our control. We are not responsible for any fee increases.

10.4 Parkamo includes parkings from Third Party Services where the transaction is done through the Third Party Services’ systems, in which case all payments are made and handled by the Third Party Service and not Parkamo. In these cases Parkamo acts solely as a “remote control” for the users account at the respective Third Party Service parking operator.

11. WITHDRAWAL RIGHTS

In regards to this Agreement as well as any individual booking done through our Services, NOT INCLUDING ANY THIRD PARTY SERVICES, any consumer is entitled to the following withdrawal right. The Operator’s have authorized us to receive and process your withdrawal on their behalf:Withdrawal information

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform our agent

Parkamo GmbH, Luise-Ullrich-Straße 20, 80636 München eMail: support@parkamo.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal

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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Withdrawal form

You can find the model withdrawal form here.

12. Reminders

You acknowledge and agree that the successful transmission and reception of SMS messages, messages generated by the App, and emails (together ‘Reminders’) is not guaranteed and that you are responsible for the activation and deactivation of a parking transaction on time. You further acknowledge and agree that the successful transmission and reception of Reminders is dependent on the operation of your mobile phone, your mobile phone service provider and/or your internet service provider. Parkamo shall have no responsibility or liability for the damages and costs incurred by you as a result of you not receiving a Reminder on time, or by the insufficient operation of your mobile phone, mobile phone service provider and/or internet service provider.

13. Complaints Resolution, Investigation of a Parkamo Transaction and Refunds

13.1 If you wish to complain about a fee or a parking transaction, you must notify Parkamo or in case of Third Party Services the respective Operator. The notice must clearly state your personal information, the nature of the error and the amount in dispute. You agree to pay, when due, any undisputed portion of the transaction in dispute.

13.2 If you complain in accordance with clause 13.1, Parkamo may conduct an investigation. Complaints related to incorrect parking fees are handled by the Operator. If the investigation prolongs, we will update you by email or phone on the status and projected time for resolution.

13.3 If and when a complaint is found to be valid, Parkamo shall without delay and on behalf of the Operator, compensate you with the amount in dispute. You agree to accept credits to the credit cards which are available on your Account at the time of the decision. We will not provide cash refunds.

13.4 If the complaint is rejected, Parkamo shall inform you by email and/or phone about the investigation result and the reasons for the decision.

14. Suspension or Cancellation of your Account by you

14.1 You may cancel the Account at any time by contacting our customer service. The cancellation will take effect at the end of the current billing period for your ongoing bookings and only after the settlement of any outstanding fees on your Account. Your termination of these Terms and Conditions will not affect any of our rights or your obligations arising under these Terms and Conditions prior to termination.

14.2 Parkamo reserves the right to immediately suspend your Account and/or terminate these Terms and Conditions and cancel your Account at any time at its sole discretion for any reasonable cause, including, without limitation, your failure to pay for the Services pursuant to these Terms and Conditions, or if you engage in fraudulent activity in connection with the Services or have otherwise violated these Terms and Conditions.

14.3 After the Account has been terminated, these Terms and Conditions shall continue to apply as long as the dealing between the parties is not definitively settled.

15. Your Obligations and Commitments

15.1 If you fail to use our Services correctly and in compliance with these Terms and Conditions, you may be issued with a parking ticket, penalty fee or have your vehicle impounded by the appropriate authorities for parking without paying the parking fee since the respective authorities or Operators may not be able to verify your booking.

15.2 You must enter a valid area code or where available use the geo location features provided and select the vehicle to park and set up your desired parking time, and follow the instructions on our App or Website. It is your responsibility to locate and enter the correct area code for the specific parking area. Parkamo disclaims all liability related to input errors as such.

15.3 It is your responsibility to ensure that the parking transaction has started correctly. To be sure that the parking transaction has been started, you should check the status screen of the App.

15.4 It is your responsibility to start a parking transaction with the correct vehicle’s license plate registration number.

15.5 The final parking price is calculated once the parking transaction has ended and is based on the parking operator’s prices policy for that specific parking area. When the price for the parking session is fixed and not time dependent, we may charge instantly.

15.6 All notices and signs or directions made by relevant parking authorities/operators, whether public or commercial entity, shall take precedence over any information that you receive from us. The parking Operators’ parking regulations apply to you and your use of the Services does not exempt you from following their rules.

15.7 You are responsible for any fine, ticket or penalty charge issued between the time of parking the vehicle and the notification by mobile phone or internet that the vehicle is validly parked. It is your responsibility to stop a parking transaction (if allowed under the booking) at the end of the parking transaction (i.e. before you leave the parking facility). At camera controlled parkings the parking is though automatically stopped by the vehicle exiting the parking.

15.8 In the event that the Services are unavailable (partially or completely), or that your mobile phone service is unavailable (partially or completely), you must pay the appropriate parking fee that is due by paying on the premises (e.g. by buying a printed parking ticket from the appropriate dispensing machine) or you must not park at the relevant car park.

15.9 You are responsible for all fees associated with the use of your mobile phone including but not limited to fees charged by your mobile phone operator.

15.10 It is your responsibility that the registered debit or credit card is valid, has sufficient balance, and is not blocked or expired. It is your responsibility to submit new credit or debit card information at least 1 month before the card expires.

15.11 In the event of late payment, Parkamo reserves the right to charge you interest in accordance with statutory law, as well as a statutory reminder fee and, where applicable, collection fee. Parkamo reserves the right to transfer the claims for unpaid parking fees to third parties. Parkamo reserves the right to immediately suspend or close your Account if you do not pay in time.

15.12 You are responsible for your own continuous compliance with these Terms and Conditions. You shall not, and shall not permit others to, engage in activities prohibited by us, including, without limitation: (a) intentionally accessing data not intended for your use; (b) attempting to breach security or authentication measures without proper authorisation, or interfere with the Services and any products or services offered as part of the Services; (c) taking any action to obtain Services to which you are not entitled; or (d) assisting or permitting any persons in engaging in any of the activities described above.

16. Changes in the Service or the Terms and Conditions

Parkamo reserves the right to amend or extend these Terms and Conditions at any time with effect for the future, provided this is necessary and does not disadvantage the user contrary to good faith. A change may be necessary to reflect a change in the legal situation. Newly issued court decisions are also considered to be a change in the legal situation. Changes and developments to the Parkamo Services may also require changes or amendments to the Terms and Conditions. Any change or amendment to these Terms and Conditions shall be appropriately announced in writing at least four weeks before it takes effect. As a rule, notification of the amendment to the Terms of Use shall be made by e-mail, but in any case at the next launch of the App or login on the Website. The user shall have the right to object to any change or addition within six weeks of publication and the opportunity to inform Parkamo. In the event of a timely objection, both parties shall be entitled to terminate the contract for good cause in accordance with the termination provisions contained herein. This shall not affect any other rights of termination. If the user does not object within the objection period or if it continues to use the services after this period, the amendment or addition shall be deemed to have been accepted and shall become an integral part of the contract. As part of the information on the amendments to these Terms and Conditions, Parkamo shall specifically draw the user’s attention to the entitlement to objection and termination, the deadline and the legal consequences, in particular with regard to failure to object.

Business Days and Hours

Our business days are weekdays excluding holidays. Our business hours are 9-17h CET.

18. Limitation of Liability

To the extent that Parkamo requires payment for services, Parkamo shall only be fully liable for compensation in the event of malicious intent and gross negligence.

In the event of a breach of material contractual obligations, Parkamo shall also be liable for minor negligence.

Material contractual obligations, including so-called cardinal obligations within the meaning of case law, shall be understood as those obligations which make the proper execution of the contract possible in the first place and on the fulfilment of which the user may rely.

If and insofar as Parkamo provides services free of charge, Parkamo shall only be liable for compensation in the event of damage caused by gross negligence and malicious intent, even in case of material contractual obligations.

In the event of damage claim due to a negligent breach of cardinal obligations, the damages shall in each case be limited to the foreseeable damage.

The above limitations of liability shall not apply to liability in the event of death, injury to body and health or in the event that Parkamo has assumed a guarantee or liability under the German Product Liability Act.

The above exclusions or limitations of liability shall also apply with regard to the liability of Parkamo employees, workers, staff, representatives and vicarious agents, in particular in favor of the shareholders, staff, representatives, bodies and their members with regard to their personal liability.

19. Disclaimer of Warranties and Limitation of Liability for Parking Opportunities

Parkamo does not own, control or operate Parking Opportunities. Accordingly, Parkamo does not warrant anything with respect to such facilities. Parkamo will not be liable for any damages of any kind arising from or related to any Operator or its operation and services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless Parkamo itself has (at least in addition to the Operator) caused such damages.

20. Indemnification

Without limiting any of the other rights of Parkamo under these Terms and Conditions, if you are not a consumer but use our Services as a company, you agree to indemnify, defend and hold us, our subsidiaries and each of our respective affiliates, associates, officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) our provision of any information from you which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in these Terms and Conditions; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party.

21. Use of Mobile Phones While Driving Can be Dangerous

Please note that operating a mobile phone or any other device while driving can be dangerous and we advise you not to use this Service while operating a vehicle. You agree to indemnify and hold Parkamo harmless from any or all liability whatsoever for any harm, loss or injury related to use of the Service or the Account while operating any kind of vehicle.

22. Miscellaneous

If any provision of these Terms and Conditions are found unlawful, void or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter hereof.

23. Governing law, jurisdiction and venue

These Terms and Conditions shall be governed and interpreted in accordance with the laws of Germany, without regard to its conflicts of laws principles or the United Nations Convention on Contracts for the International Sale of Goods. If you are a legal entity and not a natural person you agree to the exclusive jurisdiction of the courts at Parkamo’s place of business.

24. Other Terms

24.1 The parkamo account as well as your rights and obligations under these Terms and Conditions cannot be transferred to a third party. We may transfer our rights under this Agreement at any time.

24.2 The use of the account is subject to all applicable rules and customs of any payment processor, clearinghouse or other association involved in transactions.

24.3 We do not give up our rights by delaying or failing to exercise them at anytime.

24.4 If any term of these Terms and Conditions is found by a court to be illegal or not enforceable, all other terms will still be in effect.

24.5 We intend the Services to be used by adults only and individuals or companies that can form legally binding contracts under applicable law. In order to use the Services, a user must be of the legal age to drive a vehicle. Individuals below this age are considered minors and should not use the Services. If you do not qualify, you are not permitted to use our Services and you do not have our consent to do so. Parkamo may request age verification.

24.6 The Commission of the European Union provides an Internet platform for online dispute resolution (so-called OS platform).
The OS platform serves as a possibility for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts or contracts between consumers and entrepreneurs with residence/registered office in the European Union.

The platform can be accessed by clicking the following link: http://ec.europa.eu/consumers/odr.

Parkamo is not willing to participate in such an out-of-court settlement of disputes arising from contracts with our customers and neither under the VSBG (Consumer Dispute Settlement Act).