Hotel Biederstein

Am englischen Garten in München

AGBP

PARKING TERMS AND CONDITIONS FOR PARKING GARAGES AND HOTEL PARKING AREAS (AGBP)
HOTEL BIEDERSTEIN, KEFERSTR. 18, 80802 MUNICH

1 RENTAL AGREEMENT

1.1 By accepting the parking ticket and/or by driving into the parking garage or onto the hotel parking lot (hereinafter: “parking area”), a rental agreement is concluded between the hotel and the renter for the parking period desired by the renter during opening hours in accordance with these parking terms.
1.2 Neither supervision nor safekeeping is the subject of this agreement. The hotel assumes no duty of custody or special duty of care for items brought in by the renter.

2 TERMS OF USE

2.1 The renter is obliged to exercise the care required in traffic. In particular, special traffic rules and safety regulations posted in the parking area must be observed. Instructions from hotel staff regarding safety or the hotel’s house rules must be followed immediately. Otherwise, the provisions of the German Road Traffic Regulations (StVO) apply accordingly.
2.2 Vehicles may only be parked within marked spaces, but not in spaces reserved by signs for long-term users. The hotel is entitled to move improperly parked vehicles at the renter’s expense. The hotel may charge a flat fee for this; the renter may prove that no costs arose or that they were significantly lower than the flat fee.
2.3 The hotel is also entitled to remove the renter’s vehicle from the parking area in cases of imminent danger.
2.4 Renters are advised to always carefully lock their vehicle after leaving and not to leave valuables inside.
2.5 Opening hours are posted on notices.

3 SAFETY AND ORDER REGULATIONS

3.1 Only walking speed may be driven in the parking area.
3.2 The following are prohibited in the parking area:

  • smoking and the use of fire,

  • storage of fuels, fuel containers, and flammable items,

  • unnecessary running of engines,

  • parking vehicles with leaking tanks or carburetors,

  • refueling, repairing, washing, or interior cleaning of vehicles,

  • draining coolant, fuels, or oils,

  • distributing advertising material.
    3.3 Staying in the parking area is only permitted for the purpose of parking, loading/unloading, or picking up vehicles.
    3.4 Any contamination caused by the renter must be removed immediately.

4 FEES / PARKING DURATION

4.1 The amount of the parking fee and the permissible parking duration are set out in the posted, valid price list.
4.2 The maximum parking duration is one month, unless a special agreement is made in an individual case.
4.3 After the maximum duration has expired, the hotel is entitled to remove the vehicle at the renter’s expense, provided that the renter and/or vehicle owner has previously been notified in writing with a deadline of at least two weeks and has not acted, or if the vehicle’s value is obviously less than the outstanding rent. Until removal, the hotel is entitled to charge fees according to the price list.
4.4 In the event of loss of the parking ticket, at least a fee equal to one daily rate is due, unless the renter proves a shorter stay or the hotel proves a longer one.
4.5 The hotel may verify the renter’s authorization to collect and use the vehicle. Proof may be provided by presenting the parking ticket; the renter may provide other proof.
4.6 If the renter uses more than one parking space with his vehicle, the hotel may charge the full parking fee for the actual number of spaces used.

5 LIABILITY OF THE HOTEL

5.1 The hotel is only liable for damages that are demonstrably caused intentionally or through gross negligence by it or its agents. This limitation does not apply in cases of injury to life, body, or health, or for the breach of essential contractual obligations.
5.2 The renter must report any damage to their vehicle to the hotel immediately.
5.3 The hotel excludes any liability for damages caused by other renters or third parties. This applies in particular to damage, destruction, or theft of the parked vehicle or of movable/installed items in the vehicle or attached to it.
5.4 If the renter is a hotel guest and the hotel parks or retrieves the vehicle at the renter’s request, this does not constitute a safekeeping agreement or duty of supervision, but merely a courtesy service. Damages caused to other vehicles or property in the process are to be covered by the renter’s/vehicle owner’s liability insurance. The hotel and the driver engaged by it are not liable for direct damage to the renter’s own vehicle, nor for financial disadvantages related to the insurance settlement (deductibles, premium increases, etc.), unless the driver engaged by the hotel caused the damage intentionally or through gross negligence.

6 LIABILITY OF THE RENTER

6.1 The renter is liable for damages culpably caused to the hotel by themselves, their agents, authorized persons, or accompanying persons. Such damages must be reported to the hotel without being asked, before leaving the parking area.
6.2 The renter is liable for cleaning costs of any contamination caused by them in the parking area as defined in section 3.2.

7 RIGHT OF LIEN / RIGHT OF RETENTION / DISPOSAL

7.1 The hotel has a right of retention and statutory lien on the renter’s parked vehicle due to claims arising from the rental agreement.
7.2 The hotel is entitled to remove and/or dispose of vehicles or trailers without license plates if this has previously been threatened to the renter/vehicle owner and the renter/vehicle owner has not complied within a reasonable period set by the hotel. Such a threat and deadline are not required if the renter/vehicle owner cannot be identified despite reasonable measures. The renter/vehicle owner is entitled to any proceeds from disposal, minus costs incurred and any parking fees due until removal of the vehicle.
7.3 Regardless of the rights under sections 7.1 and 7.2, the renter is liable to the hotel for all costs incurred.