GTCs and Terms and Conditions of Use of Bicycle Parking in Berlin (ParkYourBike), including Description of Services
These General Terms and Conditions of Business and Use (hereinafter referred to as the “GTCs”) apply to the conclusion of online contracts via the Web app and mobile app and to use of bike parking facilities in the relationship between the user (Section 1) and the purchaser and their legal successors (“customers”). Any GTCs of the customers that deviate from these GTCs shall not apply to the relationship between the user and the customers.
1. The user in the GTCs
The user in these GTCs is GB infraVelo GmbH, Ullsteinhaus, Mariendorfer Damm 1, 12099 Berlin, phone: +49 030 – 201 79 79 0, e-mail: firstname.lastname@example.org (hereinafter also referred to as “infraVelo”). infraVelo is also the operator of the web & mobile app “ParkYourBike” (https://app.parkyourbike.berlin and in the respective app stores) and the Website at www.parkyourbike.berlin.
2. Contract conclusion
2.1. The following arrangements in regard to the conclusion of contracts apply to all orders of a bike slot at one of our parking properties that can be reserved and used for bike parking with our Web app and mobile app.
2.2. In the event of conclusion of a contract, the contract shall be concluded with GB infraVelo GmbH, Ullsteinhaus, Mariendorfer Damm 1, 12099 Berlin, Charlottenburg Local Court, HRB 188372 B.
2.3. The information on the Web app and mobile app does not constitute an offer to conclude a contract but merely an invitation for the customers to submit such offers.
2.4. The contract is concluded when the customer triggers the parking process at the terminal of the bike parking facility by pressing the “” “Start of parking” button on the terminal display, followed by infraVelo’s subsequent confirmation message of “Parking has started” on the terminal display.
2.5. Depending on availability, bike slots can be reserved in the bike parking facilities using the Web app and mobile app. These reservations are possible regardless of whether the customer chooses a pre- or post-paid tariff and do not yet constitute conclusion of a contract.
3.1. The prices in the relevant price list in the Web app and mobile app apply. With the Flex Tariff (post-paid), parking time is recorded down to the minute; The fee due according to the recorded parking time is billed monthly. With pre-paid tariffs for Season Tickets (Day Ticket, Weekly Ticket, Monthly Ticket and Annual Ticket), the cost of the tickets is charged at the time of purchase. Season Tickets do not renew automatically. If the parking time for a Season Ticket is exceeded by continued use of a bike slot, the parking time will be charged according to the valid in each case Flex Tariff only for the exceed the time defined for the Season Ticket.
3.2. Merely adding a reservation to the Web app and mobile app does not incur any costs, but it is necessary to store a valid payment method to use the reservation feature.
3.3 For claims against the customer for payment and damages arising from the use of a bike parking facility, infraVelo is to be entitled to a right of retention and a statutory right of lien on the parked bicycle and/or other parked items.
3.4. In the Web app and mobile app, customers can choose between the following payment methods, with the contractual conditions of the respective payment provider applicable in each case:
4. Reservations and limited availability of bike slots
4.1. Customers can use the Web app and mobile app to reserve available bike slots. There is no entitlement to a specific bike slot within the desired bike parking facility. Once a reservation has been made, the customer must activate the access control system of the selected bike parking facility within a period of 24 hours (start parking); infraVelo reserves the right to adjust this period depending on capacity utilisation of the individual bike parking facilities and to inform the customer of an adjusted reservation period for the reservation. If the customer does not activate the reservation, entitlement to a bike slot expires at the end of the reservation period.
4.2. Availability of bike slots in the bike parking facilities is limited, of course. To be able to provide sufficient availability in the bike parking facilities, infraVelo continuously analyses the booking processes. However, infraVelo cannot guarantee that free bike slots will actually be available during the time periods requested by a customer and at the bike parking facility selected by a customer.
5. infraVelo services and exclusion of responsibility for guarding and safe custody
5.1. Within the scope of availability, infraVelo provides its customers with bike slots in bike parking facilities. Depending on the location, the bike parking facilities are individual bike parking, collective parking facilities or bike parking garages. infraVelo also provides the software required for use of the booking and reservation system via the Web app and mobile app.
5.2. During the term of the contract, infraVelo shall ensure that the bike parking facilities and the Web app and mobile app are in a contractually compliant condition for use by the customers. infraVelo may open enclosures for individual and collective bike parking for the duration of maintenance/repair and cleaning work.
5.3. The customer parks their bicycle in infraVelo’s bike parking facilities at the customer’s own risk. infraVelo assumes no duty of care for parked bicycles, in particular no responsibilities for guarding them or safe custody. A custodial relationship is not established. This also applies if the bike parking facility is equipped with a video surveillance system, is managed, or includes individual bike parking enclosures.
5.4. Within the framework of the obligations assumed under the contract, infraVelo is liable for damage that was reported immediately and that can be proven to have been caused by it or its staff in fulfilment of the contractual obligation.
5.5. infraVelo is not liable for damage caused by other customers or third parties; in particular, infraVelo is not liable for theft.
5.6. The bike parking facilities are open 24 hours a day. The Berlin boroughs are responsible for clearing ice and snow. Between 8 pm and 6 am, the bike slots are not cleared of ice and snow. Entering the bike parking facilities is then at your own risk.
6. Use of a bike slot, maximum parking time and removal of bicycles
6.1. Depending on the type of facility and the designation on site or in the app, the bike slot may only be used to park bicycles, bicycles with trailers and cargo bicycles. Storing other objects is not permitted and clearly contradicts the intended use of the bike parking facilities. It is not permitted to remain in the bike parking facilities beyond the time necessary for parking and collecting a bike. Smoking is also not permitted in the bike parking facilities.
6.2. The objective is to enable as many customers as possible to temporarily use the bike parking facilities to park their bicycles, including parking on a regular basis and for brief periods of time. The bike parking facilities were expressly not created to provide the opportunity to park bicycles over extended periods of time or to provide bike slots for exclusive use of individual customers. Against this backdrop, a maximum parking time of 21 calendar days per booking and parking session applies to each bicycle parked in a bike parking facility. infraVelo has set the access control system so that the customer is allowed to return to their bicycle for a “visit” without causing the individual booking and parking session to be interrupted or restarted. When using the “Bicycle Visit” function, the bicycle may not be removed or inserted. A maximum of two visits per parking process are allowed.
6.3. Customers are liable for all damage caused to infraVelo, its employees or other customers through culpable conduct (defined by intent and/or negligence). There is an obligation to immediately report damage to infraVelo.
6.4. In the event of urgent danger, infraVelo is entitled to move a bicycle within the bike parking facility or remove it from the bike parking facility altogether even during the contractual parking period.
6.5. infraVelo regularly checks the parking time of parked bicycles and marks bicycles that have been parked in a bike parking facility for more than 21 calendar days. If the maximum parking time is exceeded and/or if the customer is in breach of the obligation to pay an appropriate fee, infraVelo is also entitled to remove a bicycle at the customer’s expense as a final resort after a set grace period expires without the situation being remedied by the customer.
6.6. In case of violations of the intended use of the bike slot and/or the obligation to pay an appropriate fee, InfraVelo reserves the right to terminate the contractual relationship without notice, to remove the bicycle or other items from the bike parking facility and to bar customers from using the bike parking facilities in future.
7. Data protection compliance
7.1. We process the personal data of our customers in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (FDPA), insofar as this is necessary for the establishment, implementation and fulfilment of a contract and for the implementation of pre-contractual measures.
7.2. Insofar as personal data is required for the initiation or implementation of a contractual relationship or in the context of the implementation of pre-contractual measures, processing is legal pursuant to Art. 6 (1) (b) GDPR.
8. Applicable law, place of performance, place of jurisdiction
8.1. German law applies. The law regarding safe custody (Sections 688 ff. of the German Civil Code [BGB]) does not apply; infraVelo does not assume any duties of safe custody or care. infraVelo provides bike slots to the extent available.
8.2. If a customer is a merchant, a legal entity under public law or a special fund under public law, Berlin shall be the place of performance and the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
9. Severability clause
Should individual clauses of these GTCs be or become invalid in whole or in part, this circumstance shall not affect the validity of the legal relationship between the user and the customer or the other provisions of these GTCs.
10. Right of revocation
10.1. You have the right to revoke this contract within 14 days without specifying any reason. The revocation period is defined as 14 days from the date of the conclusion of the contract.
10.2. To exercise your right of revocation, you must inform us [name, address and contact details] of your decision to revoke this contract by means of a clear statement (such as by sending an e-mail to: email@example.com).
10.3. You can use the model revocation form included under 10.5 for this purpose, but this is not required.
10.4. To comply with the revocation period, it is sufficient for you to send notification that you are exercising your right of revocation before the end of the revocation period.
10.5. Model revocation form:
To: GB infraVelo GmbH, Mariendorfer Damm 1, 12099 Berlin, [phone: +49 (0) 30 201 79 79 0 and e-mail address: firstname.lastname@example.org]
I hereby revoke the contract concluded by me for use of the bike slots of GB infraVelo GmbH.
Contract concluded on ...
11. Consequences of revocation
11.1. If you revoke this contract, we must return all payments we have received from you without delay and within 14 days of the day on which we received notification of your revocation of this contract at the latest. Unless another arrangement is expressly agreed with you, we use the same payment method that you used for the original transaction for such repayment; under no circumstances will you be charged for this repayment.
11.2. If you have requested that the services begin during the revocation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the time you notify us that you are exercising your right of revocation with regard to this contract compared to the total scope of the services provided in the contract.