General Terms and Conditions
- Contractual Partners
The contractual partners are Deutsche Telekom IoT GmbH, a company of Deutsche Telekom AG (hereinafter referred to as Telekom), Friedrich-Ebert Allee 71-77, 53113 Bonn (Bonn District Court HRB 15237) and the customer, who is a consumer within the meaning of Section 13 of the BGB (German Civil Code) . Park and Joy is an offer exclusively for consumers within the meaning of Section 13 of the BGB.
Subject of the contract
The subject matter of the contract includes a contractual relationship and additional services subject to payment on the basis of these General Terms and Conditions.
By using Park and Joy, the customer instructs Telekom to pay parking fees via mobile carrier billing for the use of public parking spaces to the municipalities that cooperate with Telekom. These parking fees are initially disbursed by Telekom and represent order-related expenses of Telekom. Telekom is then entitled to a claim for reimbursement of expenses against the customer. The reimbursement of expenses by the customer is generally made using the means of payment selected by him in the parking space booking process. The contract for the parking space itself is concluded between the customer and the respective municipality.
The municipalities connected to Park and Joy have divided the designated parking areas into parking zones with certain fees. As part of the parking space booking process, the customer must indicate their license plate number and the desired means of payment. The fee provided for the area in question is determined by locating the customer's mobile phone. A stable mobile data connection is required to pay the fees. In addition, the location services must be activated on the customer's mobile device. The prerequisite for commissioning Telekom is that the customer has booked at least the Park and Joy basic tariff with Telekom for the additional services available.
- Additional Services
With Park and Joy, Telekom offers customers additional services that are subject to a fee, in addition to the processing of the agreed order. A system is available for this, consisting of a software application on the mobile phone and other associated IT services for electronic parking space management (hereinafter referred to as the "system"). The customer can select and book additional services accordingly when using Park and Joy in the system. A description of the additional services available within the system and the associated commercial conditions can be found here.
- Contract Conclusion, Booking, and Cancellation
The Park and Joy system identifies customers using their mobile phone number. The contract between Telekom and the customer goes into effect when the mobile phone number is validated as part of the installation and registration process of the Park and Joy application on the mobile phone.
When the contract is concluded, the customer automatically books the Park and Joy basic rate as an additional service. Further additional services can be selected and booked separately by the customer when using the system after the contract has been concluded. The payment method for additional services can be selected by the customer during the booking process in the system. Park and Joy may restrict the choice of payment methods for certain additional services.
Upon completion of the booking process for a parking space, the customer irrevocably instructs Telekom to carry out the order as described in Section 2 and to collect the parking fees incurred from this parking transaction from the means of payment selected by the customer. The customer hereby agrees to the transmission of his mobile phone number for billing purposes.
In the case of an additional service with a minimum contract term, the concluded contract and booked additional services can be terminated by the customer with effect from the end of the calendar month of termination. Otherwise, the concluded contract and the additional services booked may be terminated by Telekom and the customer at any time without observing a notice period with effect for the future. Additional services are billed by Telekom to the exact day for each day or part thereof on which the customer was able to use the respective additional service.
- The customer is obliged to reimburse Telekom for the parking fees incurred and to pay the agreed fees for additional services used by the customer.
- If the customer registers a means of payment, the customer must provide the information required to use this means of payment, e.g. surname, first name, mobile phone number, email address, payment information.
- The customer is obliged to comply with the respective parking regulations of the municipality.
- If Park and Joy is not available, the customer is obliged to use another available system to settle the parking debt (e.g. parking ticket machine).
- The data proposed by the system for the start of a parking process (location, start time) may be inaccurate due to disruptions in third-party services. The customer is obliged to check this data before starting the parking process and to correct it manually if necessary.
- The customer is obliged to ensure sufficient coverage of the agreed means of payment and to keep his stored means of payment data up to date.
- The customer is obliged to protect his mobile phone from unauthorized access.
- Some municipalities require vehicles that have been booked to be marked with a mobile phone parking vignette. You can download this vignette for printing from the Park and Joy website. You are required to display this vignette in a clearly visible place inside the vehicle (windshield).
Billing and Payment Conditions
- The total amount to be paid by the customer consists of the parking fees disbursed by Telekom and fees that Telekom charges the customer for the additional services booked. The system displays the total amount of a transaction to the customer before a chargeable order is placed. The customer has the option at any time to find out the breakdown of the total amount into disbursed parking fees and fees for additional services.
- The fees for additional services include the statutory sales tax.
- The customer can pay the total amount by credit card or via his or her mobile phone bill.
- When paying by credit card, the customer account is debited in accordance with the agreements between the credit card operator and the customer.
- When paying via mobile carrier billing, billing is carried out according to the agreements between the mobile phone provider and the customer. Park and Joy charges a surcharge when paying via mobile carrier billing, which can be seen in the breakdown of the parking and service fees.
- When paying, the customer has the option of specifying the method of payment he or she wishes to use. The parking fees and charges are paid by a licensed payment institute (ZAG), Novalnet AG, Gutenbergstr.2, 85737 Ismaning (hereinafter referred to as "Novalnet"), which, as a paying agent, receives and forwards the relevant amounts. However, it is made clear that Novalnet does not execute any payment orders on behalf of and for the customer. Rather, the customer's payment service provider is exclusively his or her account-keeping institute or the institute that issues the customer's credit card or other means of payment. It is also made clear that Telekom is not involved in the execution of the payment transactions, but exclusively provides the other contractually agreed services.
- If the customer does not comply with his or her obligation to update his or her payment method information, or if a payment fails for other reasons for which the customer is responsible (e.g. insufficient funds, payment method expired or invalid, return of a direct debit), Telekom is entitled to demand a flat-rate compensation of €30 from the customer for each failed direct debit. The customer shall be permitted to prove that the damage incurred was less than the flat rate or that no damage was incurred at all.
Changes of the General Terms and Conditions
Changes to the General Terms and Conditions or the services will be communicated to the customer via the Park and Joy app at least six weeks before they are scheduled to take effect. In the event of changes that are not exclusively in his or her favor, the customer has the right to terminate the contract in writing (e.g. by letter or e-mail) at the time the changes take effect without observing a notice period. The customer will be specifically informed of this in the notification of change.
- Telekom shall have unlimited liability in the event of willful intent or gross negligence.
- In the event of slight negligence, Telekom shall have unlimited liability in the event of injury to life, limb, or health. If Telekom is in default with its performance due to slight negligence, if its performance has become impossible, or if Telekom has violated an essential obligation, liability for property damage and financial losses resulting therefrom shall be limited to the foreseeable damage typical of the contract. An essential obligation is one whose fulfillment is essential for the proper execution of the agreement, whose violation endangers the achievement of the purpose of the agreement, and on whose fulfillment the customer may regularly rely.
- Liability for all other damages is excluded, in particular for malfunctions, data loss, or hardware malfunctions that are caused by incompatibility or manipulation (e.g. jailbreak, rooting) of the components on the customer's mobile phone with the new or changed hardware and software, and for system malfunctions that can arise from existing misconfigurations or older, disruptive, not completely removed components. Liability under the provisions of the Product Liability Act remains unaffected.
- To use Park and Joy, third-party services and devices are required, for example a functioning, stable, mobile data connection, a functioning, non-manipulated mobile phone, a GPS signal to determine the location of the parked vehicle. Telekom is not liable for damage caused by failure, manipulation or insufficient availability of third-party services.
For the purpose of improving Park and Joy, analysis tools are used in the event of malfunctions that document the respective malfunction and its causes and automatically transmit this information to Telekom via the data connection of the mobile phone. Personal data is not transmitted in this process. By using Park and Joy, the customer agrees to the use of the analysis tools.
Deutsche Telekom IoT GmbH may use the customer's personal data to improve Park and Joy and for advertising purposes for Park and Joy. The customer can object to this use at any time with effect for the future vis-à-vis Deutsche Telekom IoT GmbH.
German law applies to the contractual relationships between the contractual partners. The place of jurisdiction for all disputes in connection with this contract is Bonn. Any exclusive place of jurisdiction shall have priority.
Deutsche Telekom IoT GmbH is entitled to transfer the rights and obligations arising from this contract to Deutsche Telekom AG, Friedrich-Ebert-Allee 140, 53113 Bonn (Bonn District Court HRB 6794) or to a third party without consent. In the event of the transfer to a third party not named, the customer has the right to terminate the contract with Deutsche Telekom IoT GmbH without observing a notice period.
Status: September 17, 2020