As of 04/2021

A) General booking conditions for online customers

I. Online parking space booking, parking space reservation, booking confirmation, rebooking

1. The provision of the online booking system does not constitute a legally binding offer by Flughafen Memmingen GmbH (“FMM”), but merely a non-binding invitation to the customer (“renting party”) to submit an offer to conclude a car park rental agreement in accordance with the following General Terms and Conditions (“car park rental agreement”).
2. By clicking on the “Make payment” button, the renting party submits a binding offer to conclude a car park rental agreement. Commercial rental/reservation of parking spaces for third parties or their subletting or subletting requires the express consent of FMM.
3. The rental fee (parking fee) is due for payment in advance immediately upon submission of the offer by credit card (Master Card, VISA or AMEX), Giropay, “Sofortüberweisung” or Paypal. The acceptance of the renting party’s offer is made by a confirmation from FMM immediately after submission of the offer and payment of the parking fee (booking confirmation). The conclusion of the car park rental agreement is subject to the condition precedent of receipt of payment of the parking fee in FMM’s account. If it is not possible to collect the parking fee, a contract for the parking space reservation and parking space rental shall not be concluded. If the renting party is responsible for the failure to collect the payment, he must reimburse FMM for the additional costs incurred, including a service fee of EUR 10.00/gross. Upon conclusion of the car park rental agreement, FMM shall be obliged to provide the renting party with a parking space in the car park in accordance with the booking confirmation for the parking period specified in the booking confirmation (rental period) in return for payment of the parking fee specified in the booking confirmation. There shall be no entitlement to a specific parking space in the car park booked in accordance with the reservation. In the event that parking is not possible in the booked car park (e.g. due to overbooking or construction work), FMM will provide the renting party with a parking space in a car park of equal or higher value.
4. A free rebooking is generally possible if it is made at least 24 hours in advance (before the start of the booked rental period) and if there are no more than 24 hours between the start of the previous and the new booked rental period. The change of booking can be made by the renting party himself in the online booking system. If the renting party does not use the parking space without a rebooking, he is not entitled to a refund of the parking fee. If the rebooking results in a cheaper parking fee, it is not possible to pay out the difference. Rebooking is not possible for reduced-price special offers (e.g. P9).
5. The car park rental agreement can be cancelled free of charge at any time up to 24 hours before the start of the booked rental period. The cancellation can be made by the renting party himself in the online booking system. If the renting party does not use the parking space without having cancelled, he is not entitled to a refund of the parking fee. In the event of cancellation, FMM reserves the right to refund the parking fee or alternatively to provide the customer with a voucher in the amount of the parking fee, which can be redeemed at a later date.
6. For online bookings, a service fee of EUR 10.00 gross will be charged for processing subsequent enquiries by e-mail to parken@memmingen-airport.com or info@memmingen-airport.com. Only enquiries sent by e-mail to parken@memmingen-airport.com or info@memmingen-airport.com will be processed. Refunds in the following cases will be made less the service charge of EUR 10.00 gross.
   • Cancellation and refund of the parking fee (only possible for requests up to 24 hours before the start of the booked entry time).
   • Reimbursement of the parking fee after using a car park space other than the one originally reserved (only possible in the event of goodwill on the part of FMM).
   • Reimbursement of a double payment of the parking fee in the event of entry without using the identification medium specified in the reservation or in the event of double bookings.
7. In the following cases, the parking fee will generally not be refunded:
   • Flight delays and cancellations
   • Flight missed or not taken
   • Refusal of transport
   • Cases of illness
   • Cases of force majeure

A) General Terms and Conditions for renting parties

I. Rental agreement, licence plate recognition, video surveillance

1. Unless a rental agreement has already been concluded as part of an online parking space booking in accordance with A), a rental agreement for a parking space between FMM and the driver (renting party) is concluded when the vehicle enters the car park subject to the following conditions.
2. FMM records the personal data of renting parties, in particular, the licence plate numbers of all vehicles entering and leaving the site, in compliance with data protection regulations. By completing the online booking or by entering the car park, the renting party expressly consents to the recording and processing of vehicle registration numbers. Data processing is carried out on the basis of Art. 6 (1) lit b/f GDPR (contractual relationship / legitimate interest). The data from the booking and payment process is processed primarily to fulfil accounting purposes and to comply with commercial law regulations. If the renting party is not the owner of the vehicle, he/she also confirms that he/she has been authorised by the owner to submit the declaration of consent under data protection law. Further information on data processing can be found in the data protection information on our homepage.
3. Guarding, surveillance, safekeeping and the granting of insurance cover are not covered by the contract. Some of the car park areas are under video surveillance. However, the car park operator shall not be responsible for guarding or safekeeping the vehicle or its contents.

II. Parking charges, rental period, parking ticket, contractual penalty

1. The parking fee shall be determined by the length of time a vehicle is parked between entering and leaving the car park (parking duration) and by the price list valid at the time the vehicle enters the car park, which is displayed at the entrance to the car park. Renting parties without an online booking can enter the car park by requesting a parking ticket. In the case of online bookings, the renting party must always use the vehicle licence plate number specified in the booking as a means of identification when entering the vehicle. Once the licence plate number has been recorded, the barrier opens automatically and a parking ticket is issued. An alternative access option for renting parties with online bookings is via the QR code shown on the booking confirmation. This method of identification shall only be used if the vehicle licence plate number is not legible in exceptional cases, or if no vehicle licence plate number was specified in the booking process.
2. With the exception of online bookings, the parking fee must be paid at the pay stations before the vehicle leaves the car park. Online bookings must be made in accordance with the specifications defined in the respective booking confirmation. If the hirer exceeds the rental period booked online, an additional charge will be levied for the additional rental period in accordance with the current tariff list, which must be paid before departure. If the collection of payment fails and the renting party is responsible for this, he must reimburse FMM for the additional costs incurred.
3. After the payment process, the car park must be left immediately. If the grace period of 10 minutes – the period of time granted to renting parties to leave the car park – is exceeded after the payment process, the parking fee is recalculated until the exit.
4. The parking ticket or other proof of authorisation issued to the renting party (e.g. booking confirmation) must be kept carefully by the renting party. For the FMM, the respective holder of the authorisation certificate is deemed to be authorised to use the vehicle in question. FMM is authorised, but not obliged, to verify this authorisation.
5. If a renting party loses their parking ticket or other proof of authorisation, the renting party must pay FMM a contractual penalty of EUR 20/gross, unless the renting party is not responsible for the loss; further claims for damages remain unaffected by this. Irrespective of a contractual penalty, the renting party owes the parking fee for the rental period and compensation for use for the period after termination of the rental agreement. If the parking duration cannot be proven, a flat-rate fee of EUR 200/gross will be charged.

III. Terms of use

1. The renting party is entitled to park passenger cars with a permissible total weight of 3.5 tonnes without trailers and motorbikes (“vehicles”) in the car park. The prerequisite for parking authorisation shall always be that the parked vehicle has liability insurance, an official registration number (Section 29 Federal Highways Act [StVZO]) and a valid official inspection sticker (e.g. TÜV).
2. Vehicles may only be parked within the designated parking spaces. The renting party may choose a parking space, unless a specific parking space is allocated to him by the car park operator or his employees. If instruction personnel are present, the renting party must park in the space allocated to him. If parking spaces are reserved for renting parties with special authorisation (e.g. reserved parking spaces, disabled persons), the renting party must provide proof of this on request. The renting party must park his vehicle on the parking space in such a way that it is possible to enter and exit the neighbouring parking spaces unhindered at all times. Passageways must be kept clear at all times so that other vehicles are not blocked.
3. Within the car park, the vehicle may only be driven at walking speed at most.
4. The following is not permitted in the car park:
   • The storage of fuels and flammable objects, as well as empty fuel containers,
   • The unnecessary running of engines,
   • Parking vehicles with a leaking tank or engine or otherwise in an unsafe condition,
   • Staying in the car park, unless it is exclusively in connection with the parking of a vehicle, in particular camping,
   • The repair or maintenance of vehicles,Contamination of the car park, in particular, by cleaning the vehicle, draining cooling water, fuel or oil.
5. FMM may have vehicles towed out of the car park at the expense and risk of the renting party if:
   • The vehicle is parked in unmarked parking spaces or parks in the emergency and fire brigade areas,
   • The vehicle contaminates the car park or endangers its operation due to a leaking tank or engine or other defects,
   • The vehicle is blocking other vehicles or driveways.All costs incurred in connection herewith shall be borne by the renting party.
6. The renting party must also comply with the other terms of use in accordance with C) and the instructions of the FMM staff, and shall observe the traffic signs and information signs on site. In all other respects, the provisions of the Road Traffic Regulations (Straßenverkehrsordnung) apply accordingly.

IV. Liability of FMM

Use of the car parks is at the user’s own risk. Neither guarding nor safekeeping are the subject of the contract. FMM shall only be liable for damage caused intentionally or through gross negligence by its employees or agents and reported before leaving the airport premises, and not for damage caused by third parties.

V. Liability of the renting party

The renting party shall be liable for all damage culpably caused to FMM or third parties by himself, his employees, his authorised representatives or his accompanying persons. The renting party shall also be liable for culpable instances of causing contamination the car park.

VI. Right of retention, statutory lien

FMM shall be entitled to a right of retention and a statutory lien on the hirer’s vehicle due to its claims arising from the hire contract. If the renting party is deemed to be in arrears with the settlement of FMM’s claims, FMM may realise the lien at the earliest two weeks after issuing a warning.

VII. Contract term, cancellation, eviction

1. The contract shall end when the vehicle leaves the car park, but no later than 26 weeks after entering the car park, unless the contract is terminated beforehand without notice or something else is expressly agreed.
2. Each party shall be entitled to terminate the contract without notice for good cause. “Good cause” for FMM shall be established, in particular, if the renting party again or continues to violate the terms of use according to III. despite a warning, unless the renting party is not responsible for the violation.
3. The renting party shall be obliged to remove the parked vehicle from the car park immediately at the end of the contract and to pay any unpaid parking fees. If the renting party does not fulfil his obligation to vacate the car park, FMM shall be entitled to remove the renting party’s vehicle from the car park after prior written request, setting a reasonable deadline and threatening to vacate the car park. The renting party shall bear the costs of clearing, storage, utilisation and disposal, unless the renting party is not responsible for the failure to clear.

VIII. Place of fulfilment, jurisdiction agreement, applicable law

1. The place of fulfilment shall be Memmingerberg.
2. The contractual relationship between FMM and the lessee shall be governed exclusively by the law of the Federal Republic of Germany.
3. The place of jurisdiction is Memmingen.

C) Other terms of use

All users of the car park are subject to these Terms of Use in accordance with B)

III.The following is also not permitted the car park:

• Walking on the carriageway, including entrances and exits, unless there are no footpaths or hard shoulders;
• Smoking and the use of fire;
• Riding bicycles, mopeds, inline skates, skateboards and other vehicles or equipment and parking them in the car park;
• The distribution of advertising material.

Flughafen Memmingen GmbH, Am Flughafen 35, 87766 MemmingerbergPhone +49 (0)8331 9725-0, e-mail: parken@memmingen-airport.com