Form of contract - Liability

1. a rental agreement is concluded between the parker (lessee) and Westfalenhallen Unternehmensgruppe GmbH (lessor) within the opening hours in accordance with these terms and conditions. There is no entitlement to the provision of a specific parking space.

2. guarding and safekeeping of the parked vehicle are not part of the contract. Use of the parking facility is at your own risk. The Rental Firm does not assume any duty of care. Liability for damage caused by third parties for which we are not responsible is excluded.

3. the lessor is liable to the lessee for such damage that can be proven to have occurred during the rental period and to have been caused by his personnel and for which he is responsible. Liability for slight negligence is excluded.

4. the Hirer shall be liable for all damage caused to the Rental Firm or other Hirers by himself, his representatives or accompanying persons. The Hirer is obliged to report such damage to the Rental Firm immediately. The Hirer shall indemnify the Rental Firm against any claims by third parties arising from damage caused by the Hirer to such third parties.

Parking prices - parking duration

5. the amount of the fee to be paid for the parking time and the permitted parking duration are set out in the tariffs displayed separately at the parking facility. The fee must be paid on request when entering the parking facility, otherwise, for example in the case of automatically regulated entry and if the parking time is exceeded (additional payment) when leaving the parking facility.

6. an obligation to pay the parking fee also exists if the parking space is used without the consent of the lessor or in any other unauthorized manner.

7. The Lessor has a right of retention and a statutory lien on the parked vehicle and its accessories for all claims arising from the rental agreement and the use of the parking facility.

8. The rental contract ends when the vehicle is removed from the parking facility, otherwise at the end of the agreed or permitted parking time, at the latest one hour after the end of the event, trade fair or other event.

9. the Rental Firm may have the vehicle removed from the parking facility at the expense and risk of the Hirer if

a) payment of the required fee is refused,

b) the maximum parking time has been exceeded without the Hirer having paid the parking fee,

c) the parked vehicle endangers the operation of the parking facility or other persons or vehicles due to a leaking tank or carburetor or other defects,

d) the vehicle is not officially registered or is taken out of circulation by the authorities during the parking period.

Parking and collecting the vehicles

10. the renter must park his vehicle within a marked parking area in such a way that unhindered parking and exiting as well as entering and exiting the neighboring parking spaces is possible at all times. If the Hirer fails to observe these regulations, the Rental Firm shall be entitled to take suitable measures to move the incorrectly parked vehicle into the prescribed position at the Hirer's expense or, if this is not possible, to have it removed from the parking facility; Section 9 shall apply accordingly.

11. the parking space shall be deemed to have been properly handed over unless any complaints are reported to the Lessor without delay.

12. if it becomes necessary to completely vacate and close the parking facility during the term of the contract, the contract shall end on the date on which the parking facility is vacated, without any notice of termination being required. In this case, the tenant is entitled to a pro rata refund of the unused portion of the parking fee.

Use of the parking facility

13. the landlord has the right to issue instructions on the parking facility in order to maintain orderly parking operations, which he exercises through the personnel commissioned by him. The authorized holder of a season ticket (annual ticket, official pass, special parking ticket for trade fairs or events) may park and collect the vehicle in the designated parking area as often as desired during the specified times. If the parking facility cannot or temporarily cannot be used due to official measures or for other reasons for which the lessor is not responsible, in particular due to overcrowding, the lessor shall endeavor to provide evidence of another parking facility. However, there is no legal entitlement to the use of the parking space or to substitute evidence. If the tenant has paid a fee for the season ticket, the parking fee will be refunded pro rata temporis if the tenant is unable to use the parking facility for more than three days.

14. the parking facility and its facilities are to be used carefully and appropriately, avoiding any damage or soiling. The tenant must immediately remove any soiling caused by him.

15. it is forbidden to carry out repairs, wash and clean the inside of vehicles, empty ashtrays and other waste containers, drain cooling water, fuel and oil in the parking facility.

16. it is only permitted to stay in the parking facility for the purpose of parking and collecting the vehicle, as well as for loading and unloading.

17. the erection and display of advertising boards, posters and other advertising material, the distribution of flyers and advertising material of any kind and the offering of goods and services of any kind on the parking area is prohibited unless express written permission has been granted by the lessor. In the event of violations, the lessor is entitled to have the lessee's vehicle and any advertising and sales materials removed at the lessee's risk and expense after prior warning - in the event of imminent danger even without a warning.

Traffic regulations - Police regulations

18. The public traffic regulations shall apply to entry and exit as well as to traffic on the parking facility, unless special traffic regulations are signposted on the parking facility and special requirements are made below.

19. vehicles may only drive at walking pace on the parking facility.

20. when entering and exiting the car park, as well as when parking and leaving the car park, the tenant must exercise the care required in traffic. If the Lessor's employees assist with directions when entering and exiting the car park and when parking, this does not release the Lessee from his own duty of care.

21. the parked vehicle must be carefully locked and secured in the usual manner.

22 All relevant regulations and prohibitions regarding the use of parking facilities must be observed. Among other things, it is prohibited to

a) smoking and the use of fire in parking garages,

b) the storage of fuels, fuel containers and flammable objects,

c) the unnecessary running of engines,

d) parking vehicles with a leaking tank or carburetor.

Dortmund, September 2023