(1) These Terms and Conditions are the binding rules between us, RSG GmbH, represented by Mr. Sergen Günes, Weinheimer Straße 24, 65428 Rüsselsheim, hereinafter referred to as "we/us" – and you when using our platform "Parkwell" on the website parkwell.com. These terms and conditions apply to all customers and parking providers.
(2) Parkwell is a platform that enables air travelers (customers) to find, compare, and book airport parking spaces. Parking providers have the opportunity to offer available parking spaces to customers on the platform.
(3) These terms and conditions apply to all users, regardless of whether they are entrepreneurs or consumers when using the platform. Our terms and conditions apply exclusively. Deviating, opposing, or supplementary terms and conditions will only become part of the contract if we have expressly agreed to their validity. This consent requirement applies in any case.
(4) We reserve the right to refuse to conclude the contract if there are important reasons. This can be particularly the case if a conflict of interest exists or may arise, or if there are other legal or statutory reasons.
(1) Parkwell is a platform that enables air travelers to find, compare, and book airport parking spaces. We not only offer our customers the mediation of parking spaces but also additional services such as shuttle and valet parking to make the parking process as smooth as possible.
(2) Our platform offers a wide selection of parking options, ensuring the right option for every traveler. We work with various parking providers who are listed and marketed on our platform.
(3) After the customer has chosen a parking provider on our platform, we mediate the order to the parking provider and claim a commission from them.
(4) We assume no liability for the services of the parking providers and cannot be held responsible for their actions or omissions. It is the customer's responsibility to review and accept the respective terms and conditions of the parking provider
(1) To use our platform, registration with a current email address and the desired personal password is required. We will send you an activation link via email to the address you provided. The platform can be used after clicking the link. The use of the platform is free of charge for all users.
(2) Each user can only create one user account. Transfer to third parties is not permitted. Users are obligated to take necessary measures to ensure the confidentiality of their account data and password and to keep their password secret. In case of misuse of the account or a corresponding suspicion and in case of misuse or loss of the password, this must be reported to us immediately. We are entitled to block the account entirely or temporarily in such cases.
(3) After activating the platform for use, customers can create a non-public customer profile, and parking providers can create a public provider profile. All users are obligated to provide complete and truthful information. If users culpably provide misleading or false information, they are liable for damages to the extent that we have incurred damage due to this false information. Users are further obligated to indemnify us from third-party claims. Further claims, particularly third-party damage claims or claims from potential contracting parties, remain unaffected.
(4) We do not check each provider profile before activation. However, we reserve the right to verify individual information by requesting proof from users. We are entitled to reject the publication of user profiles if the respective profile does not correspond to the specialization of our platform or if the reliability of the information has not been sufficiently proven. This also applies if the content to be published violates legal regulations, official prohibitions, third-party rights, good manners, or our terms and conditions. We do not guarantee the accuracy of information provided by customers or parking providers.
(5) After the profile is activated by us, parking providers have the option to post parking advertisements. Customers can then access the provider profile and take advantage of offers or agree on other services. Customers and parking providers then have the opportunity to conclude contracts for the use of parking spaces. We are not involved in the offered services or concluded contracts and are not liable for them, nor for the content and execution of the offers by companies.
(1) If you register as a customer on our platform to use the offered services, parts of your information and details of your customer profile will be visible on the platform to parking providers and other users.
(2) Your profile is only visible to registered users and operators.
(3) We are entitled to forward personal data in customer profiles to parking providers if the user has given consent. The transfer of personal data occurs only for the purpose specified in the consent.
(4) To offer services on the platform, parking providers must register on the platform.
(5) After completing the registration, the parking provider can publish their provider profile and contact potential customers.
(6) The parking provider is free in designing their company profile and offers and their handling. The company is, however, responsible for complying with legal requirements and indemnifies us from all damages or claims from third parties due to violations.
(1) Registration and use of the platform are free of charge for all customers.
(2) Parking providers do not have to pay a fee or similar costs to mediate their offers on our platform.
(3) However, we claim a commission of 25% - 30% from parking providers for each mediated order. The commission amount is determined by agreement between us and the parking provider and may vary depending on the service and extent of the cooperation.
(4) The commission is due once the mediated order has been successfully completed. The parking provider is obligated to pay the commission promptly.
(5) In the event of disputes or uncertainties regarding the commission or the mediation of orders, we reserve the right to take legal action or find alternative solutions to resolve the conflict.
(6) Parking providers are not entitled to offset our claims unless the counterclaims are legally established or undisputed.
(1) All parties are entitled to terminate the free usage contract at any time without giving reasons in text form.
(2) If the contract is terminated by the user or us, the personal user data (including name, email, phone number, messages, uploaded files) will be archived by us. No later than six (6) months after the termination of the contract, the user account will be permanently deleted. This does not apply if we need the respective data to enforce claims against users or if there are legal retention obligations.
(3) Upon the effectiveness of the termination, the contractual relationship ends, and the user can no longer use their access. We reserve the right to block the username and password upon the effectiveness of the termination.
(1) We do not provide our own services. The service on our platform Parkwell is purely the mediation of contacts between parking providers and customers and the provision of the platform. We cannot guarantee that parking providers and their services will actually be available to customers. Users have no claim to a successful mediation and no claim to the provision of a specific number of contract conclusions.
(2) We act solely as intermediaries and are not responsible for the content of the parking providers' offers. We do not assume any warranty or liability for the accuracy, quality, availability, or legal permissibility of the offered services. Any contract is concluded exclusively between the customer and the respective parking provider. Any claims arising from or in connection with the offers must be asserted solely against the parking provider.
(3) The special terms and conditions of the respective parking providers apply in addition.
(1) When you provide us with content, you authorize us to store, host, and, if agreed upon, make it available to third parties, particularly parking providers. We use user content in accordance with the agreement between users and us. By providing us with your content, you grant us a non-exclusive, spatially unlimited license for the duration of the agreement to use this content for the purposes of providing services under the agreement with us. This includes the right to store, reproduce, format, (technically) edit, transmit, make accessible, and analyze the content ourselves or through third parties. We are also entitled to hold the data in a backup system or separate backup data center. To eliminate malfunctions, we are further entitled to make changes to the data structure or format. We will only publish and make available to third parties the content uploaded by users to the platform to the extent necessary for the contractual purpose.
(2) Users assure that they have all rights to the content they upload to the Parkwell platform or hold a license to the content to grant us the rights according to § 8.1.
(1) The services we offer are subject to continuous development, which may change from time to time to a reasonable extent. We reserve the right to temporarily or permanently discontinue the provision of services (or functions within the services) for individual or all users. We will notify you of changes or limitations of services with adequate notice.
(2) We are not liable for data loss due to any technical malfunction or discontinuation of services.
(3) The availability of the platform is 98% on an annual average. Times when the servers are not available due to routine and previously announced maintenance work or disruptions beyond our control are excluded.
(4) We strive to keep the platform up to date, but there is no legal entitlement to this. We can limit or expand the functionality of the platform at any time.
Users are prohibited from using the platform's software and our services for purposes other than their own personal or professional/commercial purposes without our express permission, particularly not for other commercial purposes:
Introducing or attempting to introduce viruses, trojans, worms, or other malicious code to the platform,
Hacking, manipulating, or attempting to hack or manipulate the platform's software,
Using scripts and other automatable or semi-automatable procedures to use the platform,
Circumventing or attempting to circumvent the platform's security features,
Renting out or otherwise commercially using the user account, sublicensing, or making it available to third parties, unless explicitly permitted by XXX.
We reserve the right to block users in case of violations against these Terms and Conditions or for an important reason. However, we are not obligated to monitor the offers or activities of providers and accept no liability for any damages caused by blocking a provider.
We accept no responsibility for delivered data material, ad texts, or related storage media and are not obliged to keep or return them. Deletion after the end of the contract follows legal requirements.
We are liable for material or legal defects according to the existing applicable legal regulations.
We are liable to users in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
In other cases, we are liable, unless otherwise stipulated, only for the violation of a contractual obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you regularly rely (so-called cardinal obligation), and limited to the compensation of foreseeable and typical damages. In all other cases, our liability is excluded unless otherwise stipulated.
Liability for damages arising from injury to life, body, or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions of liability.
The limitations of liability apply correspondingly to our employees, agents, and vicarious agents.
Users, particularly companies, undertake to keep confidential all business information received in the course of mediation activities, including customer data, during the contract term and after its termination, from third parties.
We may process and store the user data that users upload to their user profiles and share it with third parties as necessary for executing the mediation and as long as we are legally required to retain this data. Further information on data protection can be found in our privacy policy at the following link: Privecy Policy
Consumers have a statutory right of withdrawal. In this regard, we refer to our withdrawal instructions at the following link: [XXX]
Entrepreneurs do not have a right of withdrawal.
We reserve the right to change these General Terms and Conditions at any time without stating reasons. The amended General Terms and Conditions will be communicated to you in text form at least two weeks before they come into effect. The amended General Terms and Conditions are considered accepted if you do not object to them within two weeks of receiving the notification. In the notification of the amended General Terms and Conditions, we will inform you of the deadline and the consequences of not raising an objection.
We hold copyright on all images, films, and texts published on our website. The use of images, films, and texts is not permitted without our express consent.
We do not participate in any dispute resolution procedure before a consumer arbitration board as defined by the Consumer Dispute Resolution Act.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant, the exclusive place of jurisdiction is our business location. Otherwise, the applicable statutory provisions govern the local and international jurisdiction.