General Terms of Use

HINWEIS / NOTE

DE: Dies ist eine Übersetzung der deutschen Allgemeinen Nutzungsbedingungen der Peuka GmbH (Stand: 03.01.2024) ins Englische. Diese Übersetzung dient ausschließlich der Information. Bei Widersprüchen, Unklarheiten oder Abweichungen zwischen der deutschen und der englischen Fassung ist ausschließlich die deutsche Fassung rechtsverbindlich und maßgeblich.

EN: This is an English translation of the German General Terms and Conditions ("Allgemeine Nutzungsbedingungen") of Peuka GmbH (version dated 3 January 2024). This translation is provided for informational purposes only. In the event of any conflict, ambiguity, or discrepancy between the German and English versions, the German version shall exclusively prevail and shall be legally binding.

Version: 3 January 2024

(1) Peuka GmbH, represented by its managing directors Malte Wussow and Christopher Gruber, Schauenburgerstraße 116, 24118 Kiel, Germany, email: [email protected] (hereinafter: "Peuka") is the developer and operator of a parking platform, available in the form of an app (hereinafter "Peuka App" or "App"), which can be downloaded at app.peuka.com and in the available app stores for mobile applications (hereinafter "App Stores") and used via various interfaces. Within the scope of a service contract, the Peuka App gives you (hereinafter "User", "Tenant" or "Landlord") the opportunity to use our parking platform to rent out or rent parking spaces in accordance with these Terms of Use.

(2) These Terms of Use conclusively contain the conditions applicable between Peuka and the User for the use of the Peuka App and the services contained therein. Provisions deviating from these Terms of Use shall only apply if confirmed in writing by Peuka. Deviating general terms and conditions of the User shall not become part of the contract, even if Peuka does not expressly object to them.

(3) Before downloading the Peuka App, you are required to expressly agree to these General Terms of Use and to register with Peuka.

(4) The contract is concluded upon Peuka's confirmation of the User's registration ("Registration"). Peuka may also declare confirmation of the registration by activating the respective listing. Peuka reserves the right to reject registrations at its own discretion and without giving reasons; there is no entitlement to the conclusion of a usage contract. Peuka also reserves the right to request further information and evidence for the purpose of verifying User information during registration or use of the Peuka App, as well as when paying out rental income (e.g. a copy of an identity card, passport or driving licence, or proof of address in the form of a rental agreement or official registration certificate).

(5) A contract may only be concluded if the User has unlimited legal capacity or acts with the consent of their legal representative. In any case, the User must be at least 18 years of age.

(6) Peuka is entitled to amend these General Terms of Use, provided the User agrees to the amendment. Continued use of the Peuka App and the parking platform requires acceptance of the Terms of Use valid at the time of use.

(1) The Peuka App includes a platform that enables consumers and businesses to rent out and rent parking spaces, driveways and other types of parking opportunities on a short-term (less than one month) or long-term (more than one month) basis, as well as to rent out and rent parking spaces, storage spaces, and winter storage spaces, etc. for motorhomes, cars, vintage cars, convertibles, motorcycles, boats, etc. The Peuka App has an integrated, automated messaging system to simplify communication between tenant and landlord, as well as extensive functions for managing and monitoring all ongoing business transactions and processing payments.

(2) Peuka itself does not offer parking spaces or other areas for paid rental, but merely provides a marketplace via its parking platform where tenants and landlords can find each other and conclude contracts. Peuka never becomes a party to any contract or other agreement concluded between Users. Users themselves are responsible for complying with legal requirements when concluding contracts via the Peuka App. Actions carried out using a User's login are generally attributable to that User. Users are responsible for all declarations of intent made by themselves on the platform. For declarations made by third parties under a User's account, they are liable to a foreseeable extent in accordance with the principles of a contract with protective effect for third parties.

(3) Peuka's services include, among others: (a) making the usage options of the Peuka App available after the User's registration; (b) enabling negotiations and contract conclusions via the Peuka App through offers initiated by Users; (c) creating information and communication options among Users and/or contracting parties.

(4) Peuka guarantees an availability of its online offering of 98.5% on a yearly average, including necessary maintenance work. This does not include outages for which Peuka is not responsible, due to force majeure, technical disruptions of the internet, or other reasons not attributable to Peuka. If maintenance work becomes necessary and the Peuka App or our website is therefore unavailable, we will inform you as a User in good time wherever possible.

(1) As a landlord, you must specify the exact address and the desired parking fee (per 24 hours, or per month for long-term spaces), as well as the period during which your parking space(s) are to be offered for rent on the Peuka parking platform. When a tenant makes a booking, Peuka automatically converts your parking fee to the tenant's booked time. The landlord is entitled to change the parking fees at any time, but only for the future. A price change has no effect on the fees of rental agreements already concluded.

(2) For a specific rental, you must also provide information on time availability (date, period) of your parking space(s). Availabilities can only be created a certain period in advance (currently: 6 months in advance), or the availabilities you enter will only be shown to tenants from a certain period in advance.

(3) Unless otherwise agreed, setting up an availability as a landlord constitutes a binding offer to other Users to conclude a rental agreement for the parking space. You may change or remove the offer at any time up until a specific booking is made. The tenant accepts your offer with binding effect by completing the booking process. Once a tenant has booked the parking space within the availability you specified, you can no longer withdraw the offer. In exceptional cases, you may contact us at [email protected], and we will try to find a solution together with the tenant for you. Please note, however, that you have no right to cancel the parking space after booking.

(4) In exceptional cases, preparatory measures for the parking process may be required for long-term spaces (e.g. opening gates, handing over keys, etc.). You can indicate this in the corresponding parking space description when creating your listing. After a tenant has booked your parking space, they can contact you via the Peuka parking platform, and you can contact the tenant. All details necessary for the parking process are then to be discussed with the tenant.

(5) As a landlord, in addition to cars, you can also offer your space for e.g. motorhomes, motorcycles or boats, and you can of course also indicate if an existing charging station (e.g. for electric vehicles) can be used during the rental period. In your listing, you can select what type of vehicle your space is suitable and offered for. The tenant is likewise required to indicate, at the time of booking, what type of vehicle they are making the booking with.

(6) A registered User may, under certain conditions, cancel a parking space they have booked that you have offered, with reimbursement of the rental fee received by you; for details, see § 4 of these Terms of Use.

(7) As a landlord, you assure that you have full authority over the parking space(s) offered, as well as any charging facilities, and you confirm and warrant that your listings and their booking do not violate any agreements you have made with third parties, and in particular that you are entitled to sublet.

(8) As a landlord, you must, in any case, ensure that the space being rented out is suitable as a parking option. You must expect short-notice rentals at any time within the availabilities you have set and must ensure that the parking space is accessible in accordance with the description.

(9) Insofar as you, as a landlord, act as a business, you are in particular obliged to provide Users who are consumers with the legally required consumer information, to inform them about the processing of their personal data, and to inform them of the existence or non-existence of the statutory right of withdrawal. Peuka does not do this for you.

(10) The successful conclusion of a rental agreement will be confirmed to you via the Peuka App or, if the rental agreement is concluded via the website, by email.

(11) The Peuka App provides every User with receipts for individual bookings. These are a service provided by Peuka and are not legally binding. You may need to pay tax on your rental income - please contact a tax advisor for all tax-related questions.

(1) Within the Peuka App or website, you can search for parking spaces near you or in a specific area, either spontaneously or in advance, and then book them; the stated prices (rental fees) are gross prices including the applicable statutory VAT and may be rounded by Peuka (i.e. for short-term spaces, the landlord specifies the price per 24h, and we show you, as a customer, a price per hour, rounded accordingly to the nearest cent). By selecting a parking space, entering the license plate of the vehicle you wish to park with and the desired parking period, and then clicking the "Rent now for a fee" button, you make a binding declaration and a rental agreement is concluded between you and the respective landlord (hereinafter "Booking"). Alternatively, Peuka also offers the option of booking, in addition to cars, spaces specially offered by Users for motorhomes, motorcycles, or boats. The landlord marks their parking spaces accordingly. The tenant can indicate at the time of booking what type of vehicle they intend to park.

(2) If a parking process requires preparatory measures according to the parking space description, please contact the landlord promptly via the Peuka App after booking and discuss any details with them.

(3) If the landlord has additional terms and conditions of their own, you, as tenant, must also accept these as part of the booking process. You will be expressly notified of this as a tenant.

(4) During the booking process, you will be redirected for payment processing so that you can pay the rental fee for the parking space as agreed with the landlord. Peuka confirms the successful booking of a parking space to you in the app. Payment processing is carried out with the involvement of the payment service provider MANGOPAY SA, whose general terms and conditions (https://www.mangopay.com/terms/MANGOPAY_Terms-DE.pdf) must be accepted by Users.

(5) Every tenant must ensure that their vehicle is removed from the booked parking space before the booked parking time expires. In the event of overstaying the parking time, Users may be blocked from further use of the parking mediation service. In addition, the landlord may charge the tenant, for each commenced hour of overstay, six times the agreed hourly price, but at least €15.00, plus a one-time fee of €0.29, plus a reminder fee in the event of late payment. The processing fee payable to Peuka for this is €3.89. The overstay must be proven to Peuka by means of a photograph of the offending vehicle, on which the license plate is clearly visible. The overstay is reported directly via the Peuka App. The tenant is permitted to prove that the landlord suffered no damage, or damage considerably lower than the lump sum, as a result of exceeding the agreed parking time. Excluded from the obligation to pay damages are overstays for which the tenant is not at fault; the burden of proof for the absence of fault lies with the tenant. Any existing right of the landlord to have the overstaying vehicle towed remains unaffected by this paragraph 5.

(6) By using the Peuka App / parking platform at app.peuka.com, you are entitled to declare that you waive use of the booked parking space (hereinafter: "Cancellation"), whereby the permission to use the booked space expires. In the event of a cancellation before the start of the rental period, the rental fee will be refunded to you fully or partially, depending on the time of cancellation, as follows:

The deadlines depend on the time of the agreed rental start and the time the cancellation is made, so that, for example, for an agreed rental start at 9:00 a.m. on 30 October of a given year, the one-week deadline under letter (b) can only be met until 9:00 a.m. on 23 October of the same year, and cancellations from 9:01 a.m. onward fall under letter (c).

(7) If you have been handed keys, access cards, etc. for the purpose of carrying out the rental, you are obliged to return them. Where and how you can return the keys, etc. will be described in detail in the respective listing of the specific parking space.

(8) As a tenant, you are obliged to comply with road traffic regulations. If the landlord has not released the parking space for other vehicles, you may only park registered vehicles with a valid road permit there; in particular, on short-term parking spaces you may only park registered vehicles with a valid road permit, while on long-term parking spaces, with the landlord's consent, you may also park deregistered vehicles or vehicles not currently registered with seasonal license plates. Please pay attention to the landlord's description. You are further obliged to avoid unnecessary idling of engines as well as other odor and noise nuisances. Washing the vehicle in the parking spaces is not permitted unless expressly authorized by the landlord. Any contamination caused by oil must be removed by you.

(9) Peuka expressly reserves the right to have Users parking unlawfully towed away at their expense. Unlawful parking means parking without concluding a rental agreement, or with a license plate other than the one specified, or a blocked license plate.

(1) The processing of contracts concluded on the parking platform is solely a matter for the respective Users. Peuka assumes no guarantee for the fulfillment of concluded contracts, nor any liability for material or legal defects in the agreed services. Peuka has no obligation whatsoever to ensure the fulfillment of contracts concluded between Users, or to check the parking spaces offered for rent by Users for their suitability, availability, or in any other way.

(2) Peuka cannot guarantee the true identity and the power of disposal of Users. In case of doubt, both contracting parties are required to inform themselves in a suitable manner about the true identity and power of disposal of the other contracting party.

(3) Use of the parking platform via the Peuka App or website is free of charge. In the event a rental agreement is concluded between Users, a brokerage fee is charged, to be borne by the landlord. For short-term parking spaces (booking duration less than one month), the fee is 25% of the gross rental fee + €0.29 per parking space; for long-term parking spaces (booking duration more than one month) and for parking spaces with a charging option that the tenant actually uses, the fee is 15% of the gross rental fee + €0.29 per parking space. The brokerage fee is deducted immediately upon booking of a parking space and is invoiced to the landlord by Peuka, who can access it under the "Finance" menu item by clicking the "Invoices & Credit Notes" button. In the event of a cancellation by the tenant under § 4 paragraph 6, Peuka's brokerage fee is calculated on the basis of the reduced gross rental fee (plus €0.29 each).

(4) Rental income that you, as a landlord, earn from renting out your parking space will be credited to your Peuka Cash earnings account. You can have your balance paid out to your bank account at any time. Payment is generally made within 5 business days to the account you specify. Pursuant to § 1(4), Peuka reserves the right to request further information and evidence for the purpose of verifying User information when paying out rental income (e.g. a copy of an identity card, passport or driving licence, or proof of address in the form of a rental agreement or official registration certificate).

(5) In the event that your account is terminated, whether by you or by us, we will likewise transfer the balance to you within 5 business days. Any balance remaining in the Peuka Cash earnings account expires 3 years after the end of the calendar year in which you or Peuka properly terminated the contract, or in which you deleted your account (general statute of limitations).

(6) All fees and prices stated include the applicable statutory VAT. Each User is responsible for any taxation of income that may be payable.

(1) The content provided via the App is protected by copyright. For the use of services brokered via the App, the User acquires a simple, non-exclusive, non-transferable right of use for themselves. They may not reproduce, distribute, or make the content publicly available, nor remove technical protection measures or copyright/rights notices.

(2) The User undertakes, when registering, as well as when offering a parking space for rent or expressing interest in renting a parking space, to provide true and complete information, and to keep this up to date during the term of the contract by adapting it or notifying Peuka. The contract between you and us is concluded by clicking the "Register" button. Following registration, we will send you an email containing a confirmation code. Once you have entered the confirmation code contained in this email, the registration process is complete ("Completion of Registration"). If you register on behalf of a company, you assure that you are authorized to represent that company and to bind and obligate it in connection with concluding these Terms of Use.

(3) As a landlord of a parking space, it is recommended that you upload a picture of the space to be rented. Before uploading any photo, you are obliged to ensure that you hold the corresponding rights of use to the photo, and that making the image or other content publicly available does not violate statutory provisions, common decency, and/or the rights of third parties. In particular, you may not upload photos showing other persons or the license plates of other vehicles without obtaining the prior consent of those affected. As a landlord, you grant Peuka the right, limited to the term of this contract, to technically edit, process and adapt content you have uploaded so that it can also be displayed on mobile receiving devices or in third-party software applications. In addition, you grant Peuka editing rights, in particular for images you have uploaded, in order to, for example, enable better orientation and use of the parking options offered within the Peuka App through color markings on the parking space photos.

(4) The User is obliged to keep their access data secret and not to disclose it to third parties. Transferring the usage option of the registration to third parties is prohibited. In the event of misuse or loss of this information, or a corresponding suspicion, you must report this to us by email at [email protected]. Only one registration per person may be maintained at a time. The User is also prohibited from using contacts to landlords/tenants obtained through the Peuka App to conclude contracts for renting or letting parking spaces outside the Peuka platform or Peuka App, thereby circumventing Peuka's fees.

(5) The User warrants to Peuka and all other Users that, with regard to the data transmitted by them, the data protection requirements are complied with by the User, and indemnifies Peuka against any claims, including those of a public-law nature.

(6) It is prohibited, when using the App, to infringe Peuka's rights or the rights of third parties, or otherwise violate applicable law or common decency. In particular, the User undertakes to refrain from the following actions:

(7) Peuka points out its house rules regarding use of its App and expressly reserves the right to immediately block the account and terminate the usage contract without notice if these Terms of Use, in particular one of the obligations set out in paragraphs (1) through (6), or applicable law is otherwise violated when using the App.

(8) You and we may delete, replace or change uploaded images and files at any time. In particular, we are entitled to remove images or files, even without prior notice, if and to the extent that there are concrete indications that publication in the Peuka App violates statutory provisions, common decency and/or the rights of third parties.

(1) All agreed fees include statutory VAT. Peuka is entitled to issue electronic invoices.

(2) The User is only entitled to a right of set-off if their counterclaim against Peuka has been legally established, is undisputed, or has been acknowledged. The User only has a right of retention if and to the extent that their counterclaim is based on the same contractual relationship.

(3) If the User unjustifiably fails to fulfill a due payment obligation towards Peuka, Peuka is entitled, after prior warning and without prejudice to further statutory and contractual rights, to temporarily block the User's access until the owed payment has been received. The contract term remains unaffected by the temporary blocking in this case. The User must compensate Peuka, in accordance with statutory provisions, for damages and necessary expenses (e.g. costs of a returned direct debit) incurred by Peuka due to the User's non-payment or late payment, or other payment disruptions caused by the User, unless the User is not responsible for these. Peuka also reserves the right to assert default interest for late payments.

(1) The contract underlying these Terms of Use is concluded for an indefinite period.

(2) You may terminate the contract at any time in text form (email is sufficient), or by selecting the "Delete Account" option within the account settings and thereby deleting your account.

(3) The contract may be terminated by us with ordinary notice, with a notice period of two (2) weeks. Notice of termination must be given in text form. The right to extraordinary termination for good cause remains unaffected. For Peuka, good cause for extraordinary termination exists in particular if the User provides false information during registration or ordering and/or later modification of their data, or has repeatedly violated these Terms of Use, provided Peuka has unsuccessfully warned the User to comply with the affected contractual obligation beforehand (warning). If extraordinary termination is made by Peuka, bookings of parking spaces already booked at the time of termination for a time after the termination takes effect remain unaffected.

Use of the Peuka App does not include the provision of a mobile device or other devices required to access the App. To use the Peuka App, you need an internet connection and suitable telecommunications connections. Peuka assumes no responsibility or liability for telephone or other costs that may arise for you or that may be charged to you by third-party providers. It is possible that, through the use of the App, you may also need to use a service to download the software, or purchase goods or services from third-party providers. These third-party services and goods may be subject to their own rules and restrictions separate from these Terms of Use, and you must comply with these with respect to such a third-party provider.

(1) Peuka may update or modify the App for seamless provision of the services without having to notify you. If necessary, Peuka may temporarily interrupt or permanently discontinue access to the App. Updates or changes may be subject to amended Terms of Use; if you do not agree to such changes, you must refrain from further use of the App.

(2) Insofar as free services are provided in the Peuka App, the User has no entitlement to their provision; Peuka expressly reserves the right to restrict, discontinue or make the free services subject to a fee at any time.

The App may provide links or references to third-party websites and apps. Peuka does not monitor such websites and is not responsible for their content or functions. If you access these third-party websites via the Peuka App, you do so at your own risk. We recommend that you read the terms of use and privacy policies of these third-party websites. Peuka is not liable for damages or losses incurred by you as a result of using a third-party website.

(1) When using the App, the User must observe the diligence required for its use. In particular, the User is obliged to regularly back up their data so that it can be restored in the event of loss.

(2) Insofar as access to the Apps requires the User to register, the User is responsible for ensuring that their password is not accessible to any third party. The User assumes full responsibility for all actions carried out using their access data.

(3) You may not allow a third party to use your profile and access data. Use of your account by third parties constitutes good cause for a permanent block without requiring a prior warning. It is in your own interest to notify Peuka immediately of any third party gaining knowledge of, or misusing, your account.

(1) Since Peuka merely provides the platform for the conclusion of rental agreements between tenant and landlord, and accordingly acts as an intermediary, Peuka bears no liability whatsoever in relation to the contracts between tenant and landlord. In particular, Peuka assumes no liability for damage and/or soiling occurring to vehicles during the parking period.

(2) For the free use of the Peuka App, we are liable in accordance with statutory warranty provisions.

(3) Defects arising in connection with the paid rental of parking spaces are to be resolved between landlord and tenant. You are obliged to notify us ([email protected]) and the landlord immediately, in text form, of any defects that have occurred, together with a clearly recognizable photograph of the defects.

(4) Peuka is not obliged to back up data for the User and assumes no contractual assurances, guarantees or warranties beyond the statutory provisions, unless otherwise agreed in an individual case. Peuka is not liable for the occurrence of any desired outcome that the User wishes to achieve by using the Peuka App. Peuka assumes no liability for the accuracy of content provided by Users.

(5) It is not technically possible for us to determine with certainty whether a User registered with the Peuka App actually has the identity they claim to have. We can therefore give no warranty as to the correct identity of Users.

(6) Otherwise, Peuka is liable for contractual and other claims of the User only, in principle, for damages of the User (1) that Peuka, its legal representatives or vicarious agents have caused intentionally or through gross negligence, (2) arising from injury to life, body or health resulting from a breach of duty by Peuka or one of its legal representatives or vicarious agents, (3) in cases of liability under the Product Liability Act, the assumption of a guarantee, or due to fraudulent misrepresentation, and (4) arising from the breach of an obligation the fulfillment of which is essential to the proper performance of the contract in the first place, and on the observance of which the User regularly relies and may rely (so-called cardinal obligation).

(7) In cases (1), (2) and (3) of the preceding paragraph 6, Peuka's liability is unlimited in amount. Otherwise, liability is limited to the foreseeable, typical damage for this type of contract.

(8) In cases other than those specified in paragraphs 6 and 7, and without prejudice to the following paragraph, Peuka's liability is excluded regardless of the legal basis.

(9) The above limitations of liability apply accordingly to the officers, employees and vicarious agents of Peuka.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the User, as a consumer, has their habitual residence, remain unaffected.

(2) The agreed place of jurisdiction for all disputes arising from the contractual relationship between the User and Peuka is Peuka's registered seat, provided the User is a merchant, a legal entity under public law, or a special fund under public law. Notwithstanding this, Peuka remains entitled to sue the User at their statutory place of jurisdiction as well.

(1) There are no oral or written side agreements.

(2) Should individual provisions of these Terms of Use be or become invalid and/or contradict statutory provisions, the validity of the remaining Terms of Use shall not be affected. The contracting parties shall replace the invalid provision by mutual agreement with a provision that comes as close as legally possible to the economic purpose of the invalid provision. The foregoing shall apply accordingly in the event of any gaps in the provisions.

(3) Information on dispute resolution: The EU Commission provides a platform for online dispute resolution (ODR) at https://consumer-redress.ec.europa.eu/index_de.

(4) Peuka is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Payment service provider Mangopay For the general terms and conditions of our payment service provider, see: https://www.mangopay.com/terms/MANGOPAY_Terms-DE.pdf