Terms & Conditions GTC
FIA Vorfahrtservice GmbH & Co. KG · Langer Kornweg 30b · 65451 Kelsterbach,
First Class Terminal · Rhein-Main Airport · Geb. 300, room 2002 · 60549 Frankfurt am Main,
Tel. 49-69-69020769 · E-Mail: info@fia-vorfahrtservice.de
GENERAL TERMS AND CONDITIONS
Introduction
These General Terms and Conditions (hereinafter referred to as the GTC) govern the business relationship between FIA Vorfahrtservice GmbH & Co. KG (hereinafter referred to as FIA) and guests / passengers who hand over their vehicle to the FIA at Frankfurt Airport to use the parking space rental offer (Valet Parking ") of FIA (hereinafter: tenant / renter / lessee).
1. The terms and conditions are applicable to the framework contract, which comes about with the registration of the user with FIA. In addition, the terms and conditions are applicable for the respective individual rental agreement. The terms and conditions do not justify any claim to the conclusion of individual rental agreements.
2. FIA is entitled to change the terms and conditions for future business relationships, as far as changes in the law, judicial decisions, changes in the economic situation or developments in the business model require these changes and these are reasonable for the user. Changes to the terms and conditions will be announced to the user in writing in advance via the FIA App or by e-mail. The changes shall be deemed approved and binding upon entry into force of any existing contract unless the user objects in writing or by e-mail within one month of notification of the changes to FIA. Decisive is the date of despatch of the cancellation. The form of the contradiction and the consequences of a failure to respond are specifically indicated to the user when announcing changes by FIA.
I. General Provisions, Framework Agreement
1. For the rental of a parking space ("Valet Parking"), the conclusion of a framework contract by registering the tenant is required.
2. The registration of the renter takes place via the FIA app. After entering the required data, the tenant must click on the "Set up account" button or an analogous button to conclude the framework contract and to complete the registration process.
3. The renter shall ensure that the address of residence or business address given to FIA is always a valid registration address. In addition, the user is obliged to keep all other data, such as email address, mobile phone number, credit card details or account details up to date. Otherwise, FIA is entitled to block the account.
4. The terms and conditions in the present version apply to the concluded framework agreement, which can be accessed, stored and printed out online at any time.
5. In order to avoid multiple registrations, the user is only allowed to register in his name. A multiple application will be rejected during registration via an error message or in text form by e-mail.
6. With the registration of the renter comes a framework contract for the recurrent subletting of a vehicle parking space (rental agreement on a parking space - "Valet Parking") in a public parking garage and the provision of any further by the client personally upon delivery or in advance via the FIA app in Order of given services (eg refueling, cleaning and / or preparation of the vehicle) to the respectively delivered, private vehicle to the following terms and conditions.
7. Guarding and safekeeping of the motor vehicle are not the subject of this contract.
8. The client accepts these terms and conditions.
9. After the vehicle has been handed over, the contractor will create a manual or electronic transfer protocol on the main entrance area of the First Class Terminal and record the condition of the vehicle including any visible damage that may be present on the vehicle. Detected damage can be archived using an electronic image file.
II. FIA Account, personal PIN
1. With the conclusion of the framework contract, the renter receives access data to his FIA account.
2. The PIN specified by the user during the registration process is considered a FIA PIN with which the user can authenticate himself when collecting his vehicle.
3. The renter may not pass on the FIA PIN and the access data of his FIA account to third parties and must keep them secure and protected from unauthorized access by third parties. Written records of the PIN must not be kept in the vehicle handed over to FIA. FIA will never ask the user for the FIA PIN, username or password.
4. The loss of access data to the FIA App or the FIA account must be reported to FIA immediately. For this, the renter can contact the Service Hotline 49 69 69020769 or e-mail info@fia-vorfahrtservice.de.
5. The FIA account is not transferable and all rights to the account expire upon termination of the framework contract.
III. Duration of framework contract, termination
1. The framework contract is concluded for an indefinite period and can be terminated by both parties properly with a notice period of 14 days to the end of the month.
2. The right of the Contracting Parties to terminate the FIA Framework Contract without cause and without notice for good cause, in particular for serious breaches of contract, shall remain unaffected.
3. Termination may be in text form (eg e-mail) or in writing.
4. Upon termination of the framework contract, the electronic account of the tenant is blocked.
5. If the account is blocked, the renter will be notified immediately by e-mail or letter.
IV. Terms of payment, means of payment, invoicing
1. The provision of the parking space as well as the provision of any other services commissioned by the contractor (eg refueling, cleaning and / or preparation of the vehicle, etc.) are subject to a charge. The rent for the parking space and the fee for any additional services ordered in the context of the Valet Parking (eg refueling, cleaning and / or preparation of the vehicle), the opening times and possible restrictions are based on the hints posted in the Vorfahrtsbereich Hints when using the FIA app and the current price list.
2. The rental price (plus other agreed charges, such as for services, delivery costs, airport fees, etc.) plus value added tax in the applicable statutory amount is to be paid in full for the agreed rental period. The rental price and the fees for other services are due for payment at the end of the rental period.
3. All bank-standard credit cards (no debit cards and no Maestro cards) are accepted as means of payment.
4. The Lessee irrevocably authorizes the Lessor as well as their collection agents / payment service providers to charge all rental fees and all other claims associated with the Lease Agreement from the tenant named by the Lessee or subsequently presented by the Lessee or additionally named.
5. The lessee agrees that the landlord's invoices are always sent in electronic form to the specified invoice recipient. The renter agrees that he no longer receives any paper invoices and that the landlord sends an electronic invoice that conforms to the legal requirements to the deposited e-mail address.
6. The renter may object to the sending of invoices in electronic form at any time. In this case, the landlady will provide the invoices in paper form to the tenant. In this case, the renter has to bear the additional costs for sending the invoice in paper form and the postage for it.
7. The lessee is responsible for being able to receive electronic invoices or, if agreed, to collect them in electronic form. Disruptions to the reception facilities or other circumstances that prevent access, the tenant is responsible. An invoice has been received as soon as it has entered the tenant's domain. If the landlord only sends a note and the tenant can retrieve the bill itself or the landlord provides the bill for retrieval, the bill has been received, if it has been called by the tenant. The renter is obliged to make calls for the provided invoices within reasonable periods.
8. If an invoice is not received or can not be received, the renter will notify the lessor without delay. In this case the landlord sends a copy of the bill again and describes it as a copy. If the disruption in the possibility of sending is not promptly eliminated, the lessor is entitled to send invoices in paper form until the disturbance has been rectified. The cost of sending paper invoices is borne by the renter.
9. Offsetting against claims of the lessor is only possible with undisputed or legally established claims of the renter or an authorized driver.
V. Contractual Relations - Provisions for Transfer
1. The Lessee expressly acknowledges that the transfer of his vehicle to the rented vehicle parking space is a service rendered to him by Deutsche Lufthansa AG and that this service is provided by the FIA exclusively as a vicarious agent of Deutsche Lufthansa AG. Consequently, there is no direct contractual relationship between the renter and the FIA with regard to the transfer of the vehicle indicated overleaf to the rented parking space. The same applies to a transfer of the vehicle to its provision on arrival of the client.
2. Direct contractual relationships between FIA and the renter exist only with regard to the sub-letting of the vehicle parking space and any other services commissioned by the renter (eg refueling, inspection, cleaning and / or preparation of the vehicle).
3. If the tenant in addition to the sublease on the parking space in a public parking garage other services in order (eg inspection, cleaning and / or preparation of the vehicle), the tenant of the FIA and their employees / agents authorized simultaneously, with his Drive the vehicle to certain facilities associated with the order (gas station / car wash, etc.) or transfer the vehicle to these locations.
4. The lessee authorizes FIA with regard to any additional services ordered (eg cleaning and / or preparation of the vehicle) for subcontracting to subcontractors. FIA selects these subcontractors with the utmost care, in particular with regard to the quality of service and insurance coverage of the vehicles provided.
VI. Removal of the vehicle from the public parking garage
1. FIA may, at the expense and risk of the client, transfer the vehicle or remove it from the public parking garage if the parked vehicle jeopardizes or substantially impedes the operation of the public parking garage, eg due to a leaking tank and / or. or carburetor, or the vehicle is not authorized by the police. Subsequent costs of accommodation with third parties are then to be reimbursed by the client.
VII. Returning the vehicle
1. The renter agrees that FIA will return his vehicle keys to him under the so-called "key-safe-system". This means that the Lessee agrees to keep his / her credit / debit card available upon collection of the vehicle and to insert it into the Key-Safe for identification and determination of the time of vehicle collection in a process specified by FIA Vehicle key complete with map and directions to his vehicle is made available. Alternatively, the tenant will be sent by SMS or email a PIN to open the key safes. The hirer agrees in every case to refrain from a personal vehicle return by FIA.
2. The tenant's vehicle is parked in the public car park building "just-in-time" at the "key-safe" system for pick-up. The renter is therefore obliged to inform FIA of any flight transfer immediately via the APP, by telephone or by email. If the renter refrains from communicating or at too short notice, there may be delays in picking up the parked vehicle for which FIA assumes no liability.
3. If the return of the vehicle can not be carried out by the renter himself and in this case the person commissioned by the renter to pick up the vehicle is not in a position to receive the vehicle via the key-safe system, then FIA entitled to charge an additional expense fee of a flat rate of 25 euros.
VIII. Liability of the contractor / FIA
1. FIA and its vicarious agents are liable for intent, gross negligence and slight negligence, for the latter, however, only to a limited extent in the event of injury to life, limb and health as well as in the event of breach of essential contractual obligations that result in foreseeable damage ,
2. Insofar as FIA can not render its contractual services as a result of industrial disputes, force majeure, war, riots, infrastructural restrictions at Frankfurt Airport or other circumstances that are unavoidable for FIA, FIA will not have any adverse legal consequences. This does not apply if the impediment or interruption is caused by a labor dispute, which FIA has caused by unlawful acts.
3. The renter is obliged to inspect his vehicle on pickup without being prompted and immediately for new damage and to report obvious damage immediately, at the latest before leaving the public car park to FIA.
4. The rented by the tenant parking space is located in a public parking garage. FIA is therefore not liable for damage caused by third parties or other tenants, for violations of these terms and conditions and for the loss of vehicles and / or their accessories or stored therein items.
IX. Liability of the Lessee
The Lessee uses the public car park at his own risk. It bears the risk of damage and / or theft caused by third parties to / from its discontinued vehicle including accessories or other objects on and in the vehicle. 1. The renter must observe the traffic signs and other conditions of use of the parking garage and follow the instructions of the car park staff. The regulations and traffic signs applicable on public roads are applied to the traffic in the public car park and must be observed. In the public parking garage may only be used at walking pace.
In particular, the public car park does not allow:
a. smoking and / or the use of fire or naked light,
b. carrying out work on the vehicle, in particular repairing, washing or cleaning the outside of the vehicle, releasing cooling water, operating fluids or oils and causing contamination,
c. the longer running and trying out the engine, the honking and annoyance of others by smoke and noise,
d. the refueling of the vehicle,
e. emptying ashtrays and / or leaving other waste and storing items in the public car park,
f. the stay in the public parking garage or in the parked vehicle beyond the time of the pure parking and pick-up process,
g. the parking of a vehicle with leaking tank, engine and / or carburetor as well as other, possibly polluting or endangering substances,
h. the cessation of unauthorized vehicles,
i. the stay of unauthorized persons.
This list is not exhaustive and is supplemented by the current terms and conditions of the car park operator.
X. Inclusion of the present General Terms and Conditions also for future contracts
1. By submitting his vehicle to FIA, the renter agrees to the validity of the General Terms and Conditions.
2. Furthermore, the renter agrees to the validity of the General Terms and Conditions for all future contracts, the parties in the context of the priority service at the Lufthansa First Class Terminal Frankfurt Airport on the rental of car parking spaces and the provision of any further services ordered by FIA (eg refueling, inspection, cleaning and / or reconditioning of the vehicle).
XI. Jurisdiction
To the extent permitted by law, the exclusive place of jurisdiction is Frankfurt am Main.
Frankfurt am Main, November 2019