General Terms and Conditions

GTC Berth No. 1 parking facility

§ 1 SCOPE
These conditions for parking apply to parking space bookings (‘port parking’) via the online parking booking system of SEEHAFEN KIEL GmbH & Co. KG (hereafter referred to as PORT OF KIEL), as well as to parking in the Berth No. 1 parking facility, located on Ostuferhafen, 24149 Kiel, Germany.

§ 2 CONCLUSION OF CONTRACT / RENTAL CONTRACT
The prospective renter shall provide the PORT OF KIEL with the following information via a binding booking request:

• Surname, first name
• Full address including postal code and city
• Email address
• Vehicle registration number
• Beginning and end of the rental period (first and last day)

The booking request is an offer for the conclusion of a rental contract for a passenger car parking space at Berth No. 1 parking facility. The offer is binding and may be accepted by the PORT OF KIEL within seven calendar days after receipt by PORT OF KIEL in a booking confirmation via email. The rental contract for the passenger car parking space shall be concluded on receipt by the customer of the booking confirmation via email (notice of acceptance). After receipt of the booking confirmation, the renter must pay rent for the entire rental period. Payment is to be made via credit card (VISA and MasterCard) or by direct debit. Upon receipt of the rental payment in the account
stipulated, the renter will receive a confirmation email with instructions on how to access the site. An employee on site will confirm the customer’s name and vehicle registration to authorise access to the car park. Any vehicles without parking permission will be removed at a charge.

§ 3 OBJECT OF THE CONTRACT
On completion of a rental contract, the PORT OF KIEL grants the customer the right to park their passenger vehicle on the parking facility Berth No. 1 on a single occasion and for the rental period agreed. Caravans and passenger vehicles with trailers will not be permitted. No right to a particular parking space is granted. Vehicles without valid
parking permission will be removed at a charge. The car park is open on the arrival days of the cruise ship and on its return days after the ship has berthed. Vehicle pick up is possible on these days only. Access to the parking area resp. car pick up outside opening hours can be granted in exceptional cases against a charge. On the day of your return, the car park is open after the ship’s arrival. In emergencies, access may be granted at an extra charge outside of the opening times. The right of usage may not be transferred to a third party and the access code is solely for personal use. Use of the parking facility is at the customer’s own risk. The PORT OF KIEL accepts absolutely no duty of care. The scope of the contract does not include any surveillance or safekeeping of the vehicles, nor is any insurance cover granted.

§ 4 RENTAL PRICE
Rental prices are calculated according to the price list published at www.portparking.de. The actual amount of rental payment is based on the booking request. Payment is to be made immediately in advance of arrival. The prices include the statutory value-added tax.

Special conditions for payment by direct debit or credit card, i.e. MasterCard or VisaCard:
If a renter selects payment by direct debit, MasterCard or VisaCard, the following special conditions apply: The contracting parties in this respect are the PORT OF KIEL and myParkFlyUG (limited liability), Pappelallee 78, 10437 Berlin who are liable as joint debtors towards the User. That means, inter alia, that the contractual obligation of the one contracting party expires when the other party has provided the service. Events such as contestation or cancellation of the contract made with the renter or withdrawing from it, service delay or impossibility of performance by one of the contracting parties or any other of the events mentioned in § 425 Abs. 2 BGB (German Civil Code) always take effect for and against both contracting parties (contrary to § 425 Abs. 1 BGB).

The PORT OF KIEL and myParkFly UG do not form a company but act for themselves. The PORT OF KIEL and myParkFly UG solely act on their own behalf towards the renter, unless something different has explicitly been stipulated. Although the PORT OF KIEL and myParkFly UG are both entitled to demand full payment, naturally the renter has to
pay only once. However, the renter must consider that he must not make his payment to PORT OF KIEL and/or myParkFly UG at his discretion (contrary to § 428 S. 1 BGB) but solely to the one demanding payment of him (so-called “Unechte Gesamtgläubigerschaft”, § 428 S. 1 BGB). To this end, the renter only has to follow the instructions on the
Port Parking Websites. It is the PORT OF KIEL who is the renter’s point of contact for any questions about his parking space booking or the Port Parking Websites.

§ 5 INSTRUCTION OF REVOCATION
Consumers have the right of recession (see § 312 g section. 1, § 355 BGB). According to § 13 BGB, a consumer is any natural person who concludes a legal transaction that is mostly neither related to their commercial nor their self-employed business.

Right of recession
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation, you must inform us, SEEHAFEN KIEL GmbH & Co KG, Schwedenkai 1, 24103 Kiel, T 0431 9822-399, portparking@portofkiel.com of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of recession
If you withdraw from this contract, we are to refund any payments received from you immediately and within fourteen days from the day that we received your cancellation at the latest. For this reimbursement we will use the same method of payment that you used for your original transaction unless something different has been explicitly agreed with you; in no case will there be charged any fees to you due to this reimbursement. If you insisted on beginning the service during the withdrawal period, you are to pay us an appropriate amount corresponding to the ratio of the services provided up to the point in time where you informed us about your withdrawing from this contract in comparison to the overall scope of the services stipulated in the contract.

§ 6 WITHDRAWAL/WITHDRAWAL FEE
The The renter may cancel the rental contract before the agreed start of the rental period. Cancellation can only be made in writing or by email. The cancellation must be addressed to: SEEHAFEN KIEL GmbH & Co. KG, Schwedenkai 1, 24103 Kiel, Email: portparking@portofkiel.com. 

The effectiveness of the cancellation depends on the time of receipt of the cancellation notice by the PORT OF KIEL:

• The renter may cancel free of charge up to 14 days before the start of the rental period.
• In the event of cancellation up to 1 day before the start of the rental period, the PORT OF KIEL will reimburse the renter 65% of the rental price after deducting a cancellation fee. 
• In the event of a later cancellation and/or if the car park is not used, no refund will be made and the renter will owe the full rental price. 

The renter is free to prove that the PORT OF KIEL has not suffered any damage or that the damage incurred is less than the agreed cancellation fee of 35% of the rental price.

§ 7 TERMINATION OF THE RENTAL CONTRACT
After expiry of the rental period, the renter must remove the passenger vehicle. In the event of non-compliance with this rule, the PORT OF KIEL reserves the right to remove the vehicle at the risk and expense of the renter. Furthermore, the PORT OF KIEL is entitled to compensation for use for the entire parking period until removal of the passenger vehicle amounting to the rental price as given in the price list.

§ 8 LIABILITY ON THE PART OF THE PORT OF KIEL
The PORT OF KIEL is only liable for any damages caused by the PORT OF KIEL, its employees or any persons it has commissioned. The PORT OF KIEL is specifically not liable for any damages resulting from flooding, or for the damage, destruction or theft of passenger vehicles in the parking facility that is solely caused by the renter, other renters or any other third parties. The renter must report any damages to the PORT OF KIEL without delay, preferably before leaving the parking facility. Claims for damages will not be accepted where notification is not made promptly. The limitation and exclusion of liability do not apply to damages arising from injury to life, body and health if the PORT OF KIEL is responsible for the injury and neither do they apply to damages caused by intent or grossly negligent violation of duty on the part of the PORT OF KIEL. Furthermore, they do not apply if such contractual duties are violated by intent or in a grossly negligent way which are decisive to the execution of the contract and on whose execution the customer can usually rely on (so-called cardinal duties). Any violation of duty on the part of the PORT OF KIEL is equal to that of a legal representative or vicarious agent.

§ 9 LIABILITY ON THE PART OF THE RENTER
The renter is liable for all damages incurred by the PORT OF KIEL or third parties where these are due to the renter, their employees, parties commissioned by them or persons accompanying them. This also applies to any dirtying/pollution of the parking facility or any disposal of waste.

§ 10 RIGHT OF LIEN
The PORT OF KIEL shall have a right of retention and a legal right of lien concerning the renter’s parked vehicle resulting from any claims derived from the rental contract.

§ 11 TERMS OF USE / RULES

• Passenger vehicles shall be parked within Berth No. 1 parking facility in such a way that customers in neighbouring parking spaces can access their vehicles without difficulty.
• Traffic signs, markings and any other signs must be obeyed.
• The rules of the StVO (German road traffic act) apply.
• Customers must follow instructions given by PORT OF KIEL employees and any persons it has commissioned.
• Customers must drive at walking speed.

The following is prohibited:

• Filling fuel tanks or carrying out vehicle care, repair or maintenance of any kind
• Storing or disposing of objects, working materials or waste of any kind
• Parking of vehicles with fluid leakage (fuel, oil, antifreeze, etc.) or other defects that may cause damage to the site
• Parking of vehicles not approved by the police, that do not meet the statutory technical requirements or are not covered by statutory liability insurance
• Unnecessary running or testing of engines
• Parking caravans
• Parking passenger vehicles with trailers
• Smoking or the use of fire

In the event of imminent risks or non-compliance with the conditions ofparking, the PORT OF KIEL has the right to relocate or remove a vehicle from the parking facility at the expense and risk of the renter.

§ 12 DATA PROTECTION
Data concerning orders and addresses is collected, stored and processed in so far as this is required for processing a booking and contract. The PORT OF KIEL commissions a service company with the processsing of payments connected with contracts. In order to fulfil this task, the service company has access to the personal order and address data;
however, use of this data for any other purposes is not permitted. No further transfer of the data to third parties shall occur, unless the PORT OF KIEL is obliged to do so according to mandatory provisions, or unless this is necessary for collecting fees. The renter consents to the use of their data under the aforementioned circumstances.

§ 13 FINAL PROVISIONS
The laws of the Federal Republic of Germany shall apply. The place of performance and jurisdiction is Kiel, as far as such an agreement is permitted by law. Should one or more clauses of these conditions for parking be or become invalid, this shall not affect the validity of the remaining clauses.

Online dispute resolution according to Art. 14 section 1 Online Dispute Resolution regulation: The European Commission provides a platform for online dispute resolution (ODR): The platform can be found at
http://ec.europa.eu/consumers/odr/

Information as per § 36 VSBG
The PORT OF KIEL is not willing to participate in any procedures for settling consumer disputes by an arbitration body and is not obliged to do so.

SEEHAFEN KIEL GmbH & Co. KG
Schwedenkai 1, 24103 Kiel, Germany
T +49 (0)431 9822-0
– Managing Director –

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WITHDRAWAL FORM

GTC Ostseekai parking facility

 

§ 1 SCOPE

These conditions for parking apply to parking space bookings (‘port parking’) via the online parking booking system of SEEHAFEN KIEL GmbH & Co. KG (hereafter referred to as PORT OF KIEL), as well as to parking passenger cars in the Ostseekai parking facility, located at Ostseekai, 24103 Kiel, Germany.

§ 2 CONCLUSION OF CONTRACT / RENTAL CONTRACT

The prospective renter shall provide the PORT OF KIEL with the following information via a binding booking request: ─ Surname, first name ─ Full address including postal code and city ─ Email address ─ Vehicle registration number ─ Beginning and end of the rental period (first and last day) The booking request is an offer for the conclusion of a rental contract for a parking space at Ostseekai parking facility. The offer is binding and may be accepted by the PORT OF KIEL within seven calendar days after receipt by PORT OF KIEL in a booking confirmation via email.  The rental contract for the parking space shall be concluded on receipt by the customer of the booking confirmation via email (notice of acceptance). After receipt of the booking confirmation, the renter must pay rent for the entire rental period. Payment is to be made via credit card (VISA and MasterCard) or by direct debit.  Upon receipt of the rental payment in the account stipulated, the renter will receive an email confirmation including directions. The customer’s name, the car’s license number and a printed version of the booking confirmation are required to be authorised by the car park staff to enter the parking area. Any vehicles without parking permission will be removed at a charge.

§ 3 OBJECT OF THE CONTRACT

On completion of a rental contract, the PORT OF KIEL grants the customer the right to park their vehicle on the parking facility Ostseekai on a single occasion and for the rental period agreed. No right to a particular parking space is granted. Vehicles without valid parking permission will be removed at a charge. The car park is only open when cruise ships visit. Picking up the car is solely possible on these days. Access to the car park resp. picking up the car outside opening hours can be granted at a charge in exceptional cases.
 
The right of usage may not be transferred to a third party. Using the parking facility is at the customer’s own risk. The PORT OF KIEL does not accept any duty of care. The scope of the contract does not include any surveillance or safekeeping of the vehicles, nor is any insurance cover granted. 

§ 4 RENTAL PRICE

Rental prices are calculated according to the price list published at www.portparking.de. The actual amount of rental payment is based on the booking request. Payment is to be made immediately in advance of arrival. The prices include the statutory value-added tax. Special conditions for payment by direct debit or credit card, i.e. MasterCard or VisaCard  If a renter selects payment by direct debit, MasterCard or VisaCard, the following special conditions apply: The contracting parties in this respect are the PORT OF KIEL and myParkFlyUG (limited liability), Pappelallee 78, 10437 Berlin who are liable as joint debtors towards the User. That means, inter alia, that the contractual obligation of the one contracting party expires when the other party has provided the service. Events such as contestation or cancellation of the contract made with the renter or withdrawing from it, service delay or impossibility of performance by one of the contracting parties or any other of the events mentioned in § 425 Abs. 2 BGB (German Civil Code) always take effect for and against both contracting parties (contrary to § 425 Abs. 1 BGB). The PORT OF KIEL and myParkFly UG do not form a company but act for themselves. The PORT OF KIEL and myParkFly UG solely act on their own behalf towards the renter, unless something different has explicitly been stipulated. Although the PORT OF KIEL and myParkFly UG are both entitled to demand full payment, naturally the renter has to pay only once. However, the renter must consider that he must not make his payment to PORT OF KIEL and/or myParkFly UG at his discretion (contrary to § 428 S. 1 BGB) but solely to the one demanding payment of him (so-called “Unechte Gesamtgläubigerschaft”, § 428 S. 1 BGB). To this end, the renter only has to follow the instructions on the Port Parking Websites. It is the PORT OF KIEL who is the renter’s point of contact for any questions about his parking space booking or the Port Parking Websites.

§ 5 INSTRUCTION OF REVOCATION

Consumers have the right of recession (see § 312 g section. 1, § 355 BGB). According to § 13 BGB, a consumer is any natural person who concludes a legal transaction that is mostly neither related to their commercial nor their self-employed Business.

Right of recession
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation, you must inform us, SEEHAFEN KIEL GmbH & Co KG, Schwedenkai 1, 24103 Kiel, T 0431 9822-399, portparking@portofkiel.com of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of recession
If you withdraw from this contract, we are to refund any payments received from you immediately and within fourteen days from the day that we received your cancellation at the latest. For this reimbursement we will use the same method of payment that you used for your original transaction unless something different has been explicitly agreed with you; in no case will there be charged any fees to you due to this reimbursement.
If you insisted on beginning the service during the withdrawal period, you are to pay us an appropriate amount corresponding to the ratio of the services provided up to the point in time where you informed us about your withdrawing from this contract in comparison to the overall scope of the services stipulated in the contract.

§ 6 WITHDRAWAL/WITHDRAWAL FEE

The renter may cancel the rental contract before the agreed start of the rental period. Cancellation can only be made in writing or by email. The cancellation must be addressed to: SEEHAFEN KIEL GmbH & Co. KG, Schwedenkai 1, 24103 Kiel, Email: portparking@portofkiel.com. 

The effectiveness of the cancellation depends on the time of receipt of the cancellation notice by the PORT OF KIEL:

• The renter may cancel free of charge up to 14 days before the start of the rental period. 
• In the event of cancellation up to 1 day before the start of the rental period, the PORT OF KIEL will reimburse the renter 65% of the rental price after deducting a cancellation fee. 
• In the event of a later cancellation and/or if the car park is not used, no refund will be made and the renter will owe the full rental price.

The renter is free to prove that the PORT OF KIEL has not suffered any damage or that the damage incurred is less than the agreed cancellation fee of 35% of the rental price.

§ 7 TERMINATION OF THE RENTAL CONTRACT

After expiry of the rental period, the renter must remove the vehicle. In the event of non-compliance with this rule, the PORT OF KIEL reserves the right to remove the vehicle at the risk and expense of the renter. Furthermore, the PORT OF KIEL is entitled to compensation for use for the entire parking period until removal of the vehicle amounting to the rental price as given in the price list.

§ 8 LIABILITY ON THE PART OF THE PORT OF KIEL

The PORT OF KIEL is only liable for any damages caused by the PORT OF KIEL, its employees or any persons it has commissioned. The PORT OF KIEL is specifically not liable for any damages resulting from flooding, or for the damage, destruction or theft of passenger vehicles in the parking facility that is solely caused by the renter, other renters or any other third parties. The renter must report any damages to the PORT OF KIEL without delay, preferably before leaving the parking facility. Claims for damages will not be accepted where notification is not made promptly. The limitation and exclusion of liability do not apply to damages arising from injury to life, body and health if the PORT OF KIEL is responsible for the injury and neither do they apply to damages caused by intent or grossly negligent violation of duty on the part of the PORT OF KIEL. Furthermore, they do not apply if such contractual duties are violated by intent or in a grossly negligent way which are decisive to the execution of the contract and on whose execution the customer can usually rely on (so-called cardinal duties). Any violation of duty on the part of the PORT OF KIEL is equal to that of a legal representative or vicarious agent.

§ 9 LIABILITY ON THE PART OF THE RENTER

The renter is liable for all damages incurred by the PORT OF KIEL or third parties where these are due to the renter, their employees, parties commissioned by them or persons accompanying them. This also applies to any dirtying/pollution of the parking facility or any disposal of waste.

§ 10 RIGHT OF LIEN

The PORT OF KIEL shall have a right of retention and a legal right of lien concerning the renter’s parked vehicle resulting from any claims derived from the rental contract.

§ 11 TERMS OF USE / RULES

• Vehicles shall be parked at the Ostseekai parking facility in such a way that customers in neighbouring parking spaces can access their vehicles without difficulty.
• Traffic signs, markings and any other signs must be obeyed. 
• The rules of the StVO (German road traffic act) apply. 
• Customers must follow instructions given by PORT OF KIEL employees and any persons it has commissioned.
• Customers must drive at walking speed,

The following are prohibited:

• Filling fuel tanks or carrying out vehicle care, repair or maintenance of any kind 
• Storing or disposing of objects, working materials or waste of any kind
• Parking of vehicles with fluid leakage (fuel, oil, antifreeze, etc.) or other defects that may cause damage to the site
• Parking of vehicles not approved by the police, that do not meet the statutory technical requirements or are not covered by statutory liability insurance 
• Unnecessary running or testing of engines
• Parking caravans and passenger vehicles with trailers
• Smoking or the use of fire

In the event of imminent risks or non-compliance with the conditions of parking, the PORT OF KIEL has the right to relocate or remove the vehicle from the parking facility at the expense and risk of the renter.

§ 12 DATA PROTECTION

Data concerning orders and addresses is collected, stored and processed in so far as this is required for processing a booking and contract.  The PORT OF KIEL commissions a service company with the processsing of payments connected with contracts. In order to fulfil this task, the service company has access to the personal order and address data; however, use of this data for any other purposes is not permitted. No further transfer of the data to third parties shall occur, unless the PORT OF KIEL is obliged to do so according to mandatory provisions, or unless this is necessary for collecting fees. The renter consents to the use of their data under the aforementioned circumstances.

§ 13 FINAL PROVISIONS

The laws of the Federal Republic of Germany shall apply.  The place of performance and jurisdiction is Kiel, as far as such an agreement is permitted by law. Should one or more clauses of these conditions for parking be or become invalid, this shall not affect the validity of the remaining clauses. Online dispute resolution according to Art. 14 section 1 Online Dispute Resolution regulation:  The European Commission provides a platform for online dispute resolution (ODR):

The platform can be found at  http://ec.europa.eu/consumers/odr/

Information as per § 36 VSBG
The PORT OF KIEL is not willing to participate in any procedures for settling consumer disputes by an arbitration body and is not obliged to do so.

SEEHAFEN KIEL GmbH & Co. KG 
Schwedenkai 1
24103 Kiel, Germany
T +49 (0)431 9822-0
– Managing Director –

SEEHAFEN KIEL GmbH & Co. KG | Location: Kiel | AG Kiel | HRA 3660 General partner: SEEHAFEN KIEL Verwaltungs GmbH | Location: Kiel | AG Kiel | HRB 3992 Managing Director: Dr. Dirk Claus, Chairman of the supervisory board: Dirk Scheelje 

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WITHDRAWAL FORM

GTC Norwegenkai parking facility

1. Scope
These conditions for parking apply to parking space bookings (‘port parking’) via the online parking booking system of SEEHAFEN KIEL GmbH & Co. KG (hereafter referred to as PORT OF KIEL), as well as to parking in the Norwegenkai parking facility, located on Zur Fähre, 24114 Kiel, Germany.

2. Conclusion of contract / rental contract
The prospective renter shall provide the PORT OF KIEL with the following information via a binding booking request:
• Surname, first name
• Full address including postal code and city
• Email address
• Vehicle registration number
• Beginning and end of the rental period (first and last day)
The booking request is an offer for the conclusion of a rental contract for a passenger car parking space at the Norwegenkai parking facility. The offer is binding and may be accepted by the PORT OF KIEL within seven calendar days after receipt by PORT OF KIEL in a booking confirmation via email.  The rental contract for the passenger car parking space shall be concluded on receipt by the customer of the booking confirmation via email (notice of acceptance). After receipt of the booking confirmation, the renter must pay rent for the entire rental period. Payment is to be made via credit card (VISA and MasterCard) or by direct debit. Direct debit payment is only available for accounts with credit institutes based in Germany (payment transactions not requiring IBAN or BIC). For other account types, payment must be made via credit card (VISA and MasterCard). Upon receipt of the rental payment in the account stipulated, the renter will receive a confirmation email with instructions on how to access the site. An employee on site will confirm the customer’s name and vehicle registration to authorise access to the car park. Any vehicles without parking permission will be removed at a charge. 

3. Object of the contract
On completion of a rental contract, the PORT OF KIEL grants the customer the right to park their vehicle on the parking facility Norwegenkai on a single occasion and for the rental period agreed. No right to a particular parking space is granted. Vehicles without valid parking permission will be removed at a charge. Customers may enter
and exit the parking facility during the ship’s berthing time at Norwegenkai. In emergencies, access may be granted outside the berthing time at an extra charge. The right of usage may not be transferred to a third party and the access code is solely for personal use. Using the parking facility is at the customer’s own risk. The PORT OF KIEL accepts absolutely no duty of care. The scope of the contract does not include any surveillance or safekeeping of the vehicle, nor is any insurance cover granted.

4. Rental price
Rental prices are calculated according to the price list published at www.portparking.de. The actual amount of rental payment is based on the booking request. Payment is to be made immediately in advance of arrival. The prices include the statutory value-added tax.

Special conditions for payment by direct debit or credit card, i.e. MasterCard or VisaCard
If a renter selects payment by direct debit, MasterCard or VisaCard, the following special conditions apply:
The contracting parties in this respect are the PORT OF KIEL and myParkFlyUG (limited liability), Pappelallee 78, 10437 Berlin who are liable as joint debtors towards the User. That means, inter alia, that the contractual obligation of the one contracting party expires when the other party has provided the service. Events such as contestation or cancellation of the contract made with the renter or withdrawing from it, service delay or impossibility of performance by one of the contracting parties or any other of the events mentioned in § 425 Abs. 2 BGB (German Civil Code) always take effect for and against both contracting parties (contrary to § 425 Abs. 1 BGB). The PORT OF KIEL and myParkFly UG do not form a company but act for themselves. The PORT OF KIEL and myParkFly UG solely act on their own behalf towards the renter, unless something different has explicitly been stipulated. Although the PORT OF KIEL and myParkFly UG are both entitled to demand full payment, naturally the renter has to pay only once. However, the renter must consider that he must not make his payment to PORT OF KIEL and/or myParkFly UG at his discretion (contrary to § 428 S. 1 BGB) but solely to the one demanding payment of him (so-called “Unechte Gesamtgläubigerschaft”, § 428 S. 1 BGB). To this end, the renter only has to follow the instructions on the Port Parking Websites.

It is the PORT OF KIEL who is the renter’s point of contact for any questions about his parking space booking or the Port Parking Websites.

5. Instruction of revocation
Consumers have the right of recession (see § 312 section. 1, § 355 BGB). According to § 13 BGB, a consumer is any natural person who concludes a legal transaction that is mostly neither related to their commercial nor their self-employed business.

Right of recession
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation, you must inform us, SEEHAFEN KIEL GmbH & Co KG, Schwedenkai 1, 24103 Kiel, T 0431 9822-399, portparking@portofkiel.com of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of recession
If you withdraw from this contract, we are to refund any payments received from you immediately and within fourteen days from the day that we received your cancellation at the latest. For this reimbursement we will use the same method of payment that you used for your original transaction unless something different has been explicitly agreed with you; in no case will there be charged any fees to you due to this reimbursement. If you insisted on beginning the service during the withdrawal period, you are to pay us an appropriate amount corresponding to the ratio of the services provided up to the point in time where you informed us about your withdrawing from this contract in comparison to the overall scope of the services stipulated in the contract.

6. Withdrawal / withdrawal fee
The renter may cancel the rental contract before the agreed start of the rental period. Cancellation can only be made in writing or by email. The cancellation must be addressed to: SEEHAFEN KIEL GmbH & Co. KG, Schwedenkai 1, 24103 Kiel, Email: portparking@portofkiel.com. 

The effectiveness of the cancellation depends on the time of receipt of the cancellation notice by the PORT OF KIEL:

• The renter may cancel free of charge up to 14 days before the start of the rental period. 
• In the event of cancellation up to 1 day before the start of the rental period, the PORT OF KIEL will reimburse the renter 65% of the rental price after deducting a cancellation fee. 
• In the event of a later cancellation and/or if the car park is not used, no refund will be made and the renter will owe the full rental price.

The renter is free to prove that the PORT OF KIEL has not suffered any damage or that the damage incurred is less than the agreed cancellation fee of 35% of the rental price.

7. Termination of the rental contract
After expiry of the rental period, the renter must remove the passenger vehicle. In the event of non-compliance with this rule, the PORT OF KIEL reserves the right to remove the vehicle at the risk and expense of the renter. Furthermore, the PORT OF KIEL is entitled to compensation for use for the entire parking period until removal of the passenger vehicle amounting to the rental price as given in the price list.

8. Liability on the part of the PORT OF KIEL
The PORT OF KIEL is only liable for any damages caused by the PORT OF KIEL, its employees or any persons it has commissioned. The PORT OF KIEL is specifically not liable for any damages resulting from flooding, or for the damage, destruction or theft of passenger vehicles in the parking facility that is solely caused by the renter, other renters or any other third parties. The renter must report any damages to the PORT OF KIEL without delay, preferably before leaving the parking facility. Claims for damages will not be accepted where notification is not made promptly. The limitation and exclusion of liability do not apply to damages arising from injury to life, body and health if the PORT OF KIEL is responsible for the injury and neither do they apply to damages caused by intent or grossly negligent violation of duty on the part of the PORT OF KIEL. Furthermore, they do not apply if such contractual duties are violated by intent or in a grossly negligent way which are decisive to the execution of the contract and on whose execution the customer can usually rely on (so-called cardinal duties). Any violation of duty on the part of the PORT OF KIEL is equal to that of a legal representative or vicarious agent.

9. Liability on the part of the renter
The renter is liable for all damages incurred by the PORT OF KIEL or third parties where these are due to the renter, their employees, parties commissioned by them or persons accompanying them. This also applies to any dirtying/pollution of the parking facility or any disposal of waste.

10. Right of lien
The PORT OF KIEL shall have a right of retention and a legal right of lien concerning the renter’s parked vehicle resulting from any claims derived from the rental contract.

11. Terms of use / rules
• Passenger vehicles shall be parked within thin Norwegenkai parking facility in such a way that customers in neighbouring parking spaces can access their vehicles without difficulty.
• Traffic signs, markings and any other signs must be obeyed.
• The rules of the StVO (German road traffic act) apply.
• Customers must follow instructions given by PORT OF KIEL employees and any persons it has commissioned.
• Customers must drive at walking speed.

The following are prohibited:
• Filling fuel tanks or carrying out vehicle care, repair or maintenance of any kind
• Storing or disposing of objects, working materials or waste of any kind
• Parking of vehicles with fluid leakage (fuel, oil, antifreeze, etc.) or other defects that may cause damage to the site
• Parking of vehicles not approved by the police, that do not meet the statutory technical requirements or are not covered by statutory liability insurance
• Unnecessary running or testing of engines
• Parking caravans
• Parking passenger vehicles with trailers
• Smoking or the use of fire
In the event of imminent risks or non-compliance with the conditions of parking, the PORT OF KIEL has the right to relocate or remove a vehicle from the parking facility at the expense and risk of the renter.

12. Data protection
Data concerning orders and addresses is collected, stored and processed in so far as this is required for processing a booking and contract.

The PORT OF KIEL commissions a service company with the processing of payments connected with contracts. In order to fulfil this task, the service company has access to the personal order and address data; however, use of this data for any other purposes is not permitted. No further transfer of the data to third parties shall occur, unless the PORT OF KIEL is obliged to do so according to mandatory provisions, or unless this is necessary for collecting fees. The renter consents to the use of their data under the aforementioned circumstances.

13. Final provisions
The laws of the Federal Republic of Germany shall apply.  The place of performance and jurisdiction is Kiel, as far as such an agreement is permitted by law. Should one or more clauses of these conditions for parking be or become invalid, this shall not affect the validity of the remaining clauses.
Online dispute resolution according to Art. 14 section 1 Online Dispute Resolution regulation:  The European Commission provides a platform for online dispute resolution (ODR): The platform can be found at  http://ec.europa.eu/consumers/odr/

Information as per § 36 VSBG
The PORT OF KIEL is not willing to participate in any procedures for settling consumer disputes by an arbitration body and is not obliged to do so.

SEEHAFEN KIEL GmbH & Co. KG 
Schwedenkai 1
24103 Kiel, Germany
T +49 (0)431 9822-0
 
– Managing Director –

SEEHAFEN KIEL GmbH & Co. KG | Location: Kiel | AG Kiel | HRA 3660 General partner: SEEHAFEN KIEL Verwaltungs GmbH | Location: Kiel | AG Kiel | HRB 3992 Managing director: Dr. Dirk Claus Chairman of the supervisory board: Dirk Scheelje 

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