■ Legal
Parking Terms and Conditions
for the “Parken am Karlsplatz” underground car park, Munich
This translation is provided for information only. Only the German version is legally binding.
Lessor: Bellatrix Verwaltungs- und Beteiligungs GmbH, Ludwig-Ganghofer-Straße 7, 82031 Grünwald
Operator: city-parking Deutschland Betriebs GmbH, Dieselstraße 5, 86695 Nordendorf
I. Rental agreement
The lessor provides the lessee with a parking space for their motor vehicle in accordance with the following provisions. A rental agreement is concluded upon acceptance of the parking ticket and entry into the car park. Guarding, safekeeping or supervision of the vehicle and the provision of insurance cover are not part of the agreement. Use of the car park is at the lessee’s own risk.
II. Rental fee – parking period
- The rental fee for each occupied parking space is based on the price list on display.
- After payment, the lessee must leave the car park without delay. To do so, the lessee must go to their vehicle immediately after payment and leave the car park via the exits. If the lessee remains in the car park longer than necessary to leave, the parking fee will be recalculated from the time of payment and becomes due.
- The vehicle can only be collected during the published opening hours.
- The maximum parking period is four weeks unless a special written agreement has been made.
- After the maximum parking period has expired, the lessor is entitled to remove the vehicle at the lessee’s expense. In addition, the lessor is entitled to a fee in accordance with the price list until the vehicle is removed. Beforehand, the lessor will request the lessee – or, if the lessee is unknown, the vehicle keeper – in writing to remove the vehicle, under threat of removal. This request is not required if the lessor cannot identify the keeper with reasonable effort, e.g. via the vehicle registration office.
- If the parking ticket is lost, the maximum daily rate according to the price list on display is payable for 24 hours, unless the lessee proves a shorter or the lessor a longer parking period than 24 hours.
- Passing on or subletting the parking space requires the lessor’s written consent.
III. Liability of the lessor
- Subject to this provision, the lessor is liable for all damage caused through the fault of the lessor, its employees or agents. The lessor is not liable for damage caused by natural events such as floods, inundation or earthquakes, or by the conduct of the lessee or third parties.
- The lessor is not liable for property damage and financial losses resulting from a slightly negligent breach of contractual obligations that are not of material importance for achieving the purpose of the contract. In this respect, liability for damage caused by slightly negligent conduct in the installation, dismantling, maintenance and upkeep of flood protection walls is also excluded.
- The lessee is obliged to report obvious damage to their vehicle to the lessor’s staff immediately before leaving the car park via the marked intercom/emergency call points at the pay station, at the exit or at the gatehouse. This does not apply if such notification is objectively impossible or unreasonable, which is to be assumed in particular if no one can be reached via the intercom/emergency call point or at the gatehouse. In this case, the lessee must notify the lessor in writing within three days of leaving the car park. Other damage to the vehicle must also be notified to the lessor in writing within seven days of leaving the car park. If notification is not made in time, all warranty and damage claims of the lessee are excluded. If the lessee asserts claims for damages against the lessor, the lessee bears the burden of proving that the lessor culpably breached its contractual obligations.
- The lessor’s liability for slightly negligent conduct is limited to €100,000.00 with regard to property damage or financial loss.
- In the case of property damage and financial loss caused by slightly negligent conduct of the lessor, the lessee is also obliged to contribute €300.00 to the settlement of the damage (deductible).
IV. Liability of the lessee
The lessee is liable for all damage culpably caused to the lessor or third parties by the lessee, their employees or agents. In this respect, the lessee is also liable for culpable soiling of the car park through conduct that goes beyond normal use of the car park. This includes depositing waste within the car park.
V. Lien
The lessor has a right of retention and a statutory lien on the lessee’s parked vehicle for its claims under the rental agreement. If the lessee is in default of payment of the lessor’s claims, the lessor may realise the lien no earlier than two weeks after giving notice.
VI. Rules of use for multi-storey car parks, underground car parks and car parks
Vehicles must be driven at walking pace. Instructions of the supervisory staff must be followed. In all other respects, the German Road Traffic Regulations (StVO) apply.
The following is prohibited in the car park:
- riding and parking bicycles, mopeds, motorcycles, inline skates, skateboards and similar devices;
- the presence of unauthorised persons without a parked vehicle and valid parking permit;
- smoking and the use of fire;
- carrying out repair and maintenance work on the vehicle;
- disturbing the neighbourhood with exhaust fumes and noise, in particular by running and testing the engine for long periods and by sounding the horn;
- refuelling the vehicle;
- depositing and storing objects and waste, in particular fuels and flammable objects as well as empty fuel containers;
- staying in the car park or in the parked vehicle beyond the time needed to park and collect the vehicle;
- parking vehicles with leaking tanks, oil, coolant or air-conditioning containers or carburettors, or with other defects endangering the operation of the car park;
- parking vehicles not registered for road use;
- unauthorised parking of vehicles outside the marked parking spaces, e.g. in the driving lane, across two spaces, in front of emergency exits, in disabled parking spaces, in spaces marked as reserved or on hatched areas.
VII. Towing
If the lessee parks their vehicle outside the marked parking space contrary to the above provisions, the lessor is entitled to move or tow the vehicle at the lessee’s expense.
VIII. Final remarks
Please address any requests and complaints to the lessor’s management.
