General terms and conditions
(The German version is always the authoritative text.)
General terms and conditions of sunhill technologies GmbH
The following general terms and conditions apply to the services provided by sunhill technologies GmbH (“sunhill”).
1. PARKING IN UNGATED PARKING AREAS
1.1 Parking events on parking lots operated by contracting parties of sunhill that have entrances and exits which are not secured by barrier gates may be paid for via SMS (text message) or PayByPhone app. PayByPhone only mediates the payment to the car park operator. The legal or contractual relationship under public law between the user and the car part operator that arises due the respective parking event remains unaffected thereby and is not covered by these General Terms and Conditions.
1.2 Payment for parking via SMS is made by sending an SMS to the short code number displayed at the parking zone and according to the information provided on the PayByPhone Website (FAQ – https://paybyphone-parken.de/en/faq/) as well as the on-site signage. The payment for parking events via the PayByPhone app requires that the user has downloaded the app from the respective App Store and gone through the corresponding selection menu. The use of the PayByPhone app requires a stable (mobile) Internet connection.
1.3 It is the user’s responsibility to ensure that an appropriate parking space is available prior to paying for parking and that PayByPhone is an acceptable method of payment for the corresponding parking space. The designation of a parking space in the PayByPhone app does not entitle the user to the use of the PayByPhone service or to a parking space. Information about whether PayByPhone is an approved payment method is provided on the signs and instructions given on the on-site pay and display ticket machines. Instructions from regulatory authorities and car park operators must be followed under all circumstances.
1.4 The user is responsible for correctly entering the information required to book a parking event. You use the GPS function of the PayByPhone app at your own risk.
1.5 The user may assume that a parking event has been successfully paid for only after having received the corresponding confirmation. If parking fees are not paid, this can be pursued by local authorities as a misdemeanor and be punished with a fine or a contractual penalty. sunhill is not responsible for any fines or complaints regarding parking events incurred between the time parking takes place and the time the booking confirmation is received by the user.
If the PayByPhone service is temporarily unavailable or a payment via PayByPhone fails, the user remains obliged to pay the parking fee. If this occurs, an alternative payment option must be used, e.g. purchasing a pay and display ticket from the pay and display ticket machine.
1.6 Due to municipal regulations, the effective booking of a parking event may occasionally require placing a toll sticker on the inside of the windshield so as to identify you as the PayByPhone user. An overview of the municipalities requiring such a toll sticker can be found on the PayByPhone website (locations – https://paybyphone-parken.de/en/locations). The parking sticker may be downloaded from the PayByPhone website (parking sticker – https://paybyphone-parken.de/en/parking-sticker/).
2. PARKING IN GATED PARKING AREAS (PARKING FACILITIES)
2.1 With respect to parking facilities operated by contractual partners of sunhill whose entrances and exits are secured by barrier gates, users can determine the parking duration by drawing a pay and display ticket, scanning a personalized RFID access medium or, if technically possible, at the respective parking facility – by automatic license plate recognition at both the entrance and exit. If you wish to use a personalized RFID access medium or license plate recognition, you must register in advance with PayByPhone. Clauses 1.2 to 1.6 of this contract apply correspondingly with respect to paying for parking after you have purchased a pay and display ticket. Clauses 1.3 and 1.6 apply correspondingly with respect to paying for parking by using a RFID access medium or automatic license plate recognition.
2.2 If a personalized RFID access medium or automatic license plate recognition is used, a lease agreement for a vehicle parking space comes to exist between the user and sunhill once the barrier gate of the parking facility is passed. Guarding or safekeeping the vehicle is not part of this lease contract. The lease ends as soon as the vehicle assigned to the parking event leaves through the barrier gate of the parking facility. Details regarding the use of parking spaces are governed by the general terms and conditions of the respective parking facility operator. Instructions from the parking facility operator must be obeyed under all circumstances.
2.3 If the user draws a pay and display ticket when entering the parking facility, sunhill is not a contracting party, but rather the intermediary of a potential lease agreement for a vehicle parking space or, respectively, the payment service processor. These terms and conditions do not affect the contractual relationship between the user and the operator of the parking lot in this case.
2.4 The user shall release sunhill from liability for any damages, claims and costs incurred by sunhill due to user fault, in particular vis-à-vis the operator of the respective parking lots due to culpable damage to the parking areas or their facilities.
The RFID access medium may only be passed on to persons that have been authorized by the user to enter into contracts with sunhill on the user’s behalf. Automatic license plate recognition may only be used if the vehicle concerned is driven exclusively by the user or persons authorized by the user to conclude contracts with sunhill on the user`s behalf. sunhill must be notified immediately if the RFID access medium or the vehicle is lost, or if the vehicle’s registration number changes. If the RFID access medium or the vehicle is lost or the license plate number of the vehicle changes, sunhill must be notified immediately. The user is obligated to pay the fees for all parking events booked with the personalized access medium or by scanning the license plate, irrespective of whether the user is the personal beneficiary of the parking service.
3.PARKING AT PREMIUM PARKING SPACES WITH CHARGING OPTION
Fees incurred for parking in parking spaces equipped with electric charging facilities for electric vehicles where the those parking spaces are operated by contracting partners of sunhill may be paid by users with the PayByPhone app or via SMS, thereby starting a charging activity. The electricity delivery contract is concluded between the user and the respective charging station operator, subject to any additional agreement concluded with the charging station operator. The provisions for the payment of parking events in Clauses 1 and 2 shall apply accordingly to bookings of parking spaces with charging facilities.
4. ADDITIONAL SERVICES
4.1 The GPS function of the PayByPhone app enables the user to receive recommendations of nearby open parking spaces and charging stations, which can be paid with the PayByPhone app. This service is free of charge. You use the GPS function at your own risk. sunhill is in particular not liable – except for cases described in Clause 9 – for the PayByPhone app GPS function correctly indicating free parking spaces or charging stations near the user, or whether the user is in fact correctly directed to the displayed parking lot or the displayed parking spaces with charging stations.
4.3 The user may have the option to order a taxi with the PayByPhone app. This service is provided via the “BetterTaxi” platform of BetterTec GmbH. The general terms and conditions of BetterTec GmbH apply. These can be viewed on the BetterTaxi website (https://www.bettertaxi.de/agb).
5. TARIFFS AND FEES
5.1 A tariff package must be booked to use PayByPhone app, RFID access medium and automatic license plate recognition. Non-commercial users may choose between the tariff packages “PayByPhone Basic”, “PayByPhone Premium” and “PayByPhone Professional”. Depending on the tariff package, the user pays either no, a monthly or an annual subscription fee. Any parking or premium parking fees with the possibility for electric charging are additional to the subscription fee and not included in the latter. A description of the contents of the service and a price list depicting the individual tariff packages can be found on the PayByPhone website (PayByPhone Premium – https://paybyphone-parken.de/en/premium/). Business customers can benefit from the “PayByPhone Fleet” tariff package. A description of services and a price list of the tariff package can be viewed on the PayByPhone website (PayByPhone Fleet – https://paybyphone-parken.de/fleet/). sunhill also reserves the right to change a user’s tariff package back to a tariff package without monthly/annual fee (with fewer services) at the end of the contract term without giving reasons.
5.2 The respective parking lot and charging station operators shall determine the amount of fees. sunhill reserves the right to offer or agree cheaper rates with users.
5.3 A service fee will be charged to the user per parking event plus parking fees at some PayByPhone locations. In this case, the service fees due will be indicated with a sign on site. The locations where a service fee is billed and the amount thereof can be found on the PayByPhone website (Locations – https://paybyphone-parken.de/en/locations/).
5.4 sunhill reserves the right to charge a one-time fee for providing a personalized RFID access medium, which can be used for recording the parking time in the parking facility whose operators are contracting parties of sunhill.
5.5 In the event of payment defaults, sunhill reserves the right to block the current payment method of the user until all outstanding payments have been settled and a valid or functioning payment method has been added.
6. PAYMENT AND BILLING
6.1 By using the PayByPhone service, the user is obligated to settle the amounts invoiced by sunhill for the service pursuant to Clause 5 of these general terms and conditions. The user has the option to do this either by collection of the payment amount as part of the monthly smartphone bill, by debiting the prepaid balance of the user or by another payment method accepted by sunhill.
6.2 Payments with PayPal, credit card and SEPA direct debit may be made after prior registration of the user (in the PayByPhone app or on the PayByPhone website). The period for pre-notification is shortened to one day before the debit is made in the case of follow-up debits. If PayPal is used as the payment method, the legal agreements for PayPal services (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=en_US) apply.
6.3 It is the user’s responsibility to ensure that a credit card registered with sunhill is valid, or that any other selected payment method is possible and not blocked, and that any associated bank account has sufficient funds for the transaction. If a payment cannot be debited for reasons attributable to the user, sunhill shall be entitled to temporarily disable the user’s account. sunhill reserves the right to demand compensation for any thereby incurred costs, such as a return charge back or reversal debit, along with statutory default interest. If the user account is disabled, any pre-paid subscription fees will not be refunded to the user. If a SEPA direct debit or credit card debit cannot be redeemed due to fault of the user, sunhill may change the payment method for payments to the smartphone bill or prepaid balance of the smartphone number specified by user.
6.4 The point in time when fees are invoiced (including any service fees incurred) depends on the tariff package chosen by the user. If the “PayByPhone Basic” tariff package is selected, the charges will be deducted immediately after completing the relevant parking activity or charging process according to the payment method chosen by the user. If you select the tariff package “PayByPhone Premium”, “PayByPhone Professional” or “PayByPhone Fleet”, the fees will be accumulated and collected monthly through the selected payment method (such as SEPA direct debit, credit card or PayPal).
6.5 Any subscription fees will be deducted by sunhill monthly or annually in advance according to the payment method chosen by the user, depending on the chosen tariff package.
6.6 Other charges and fees will be deducted by sunhill as soon as the respective payment claim against the user has become due.
6.7 The user may access the duration and a receipt of the amount of fees incurred for each transaction via the PayByPhone app or the PayByPhone website. The user may download, save and print the documents.
7. RIGHT OF REVOCATION
If a user purchases a service from sunhill, the user has a statutory revocation right if the user is a consumer in the sense of § 13 German Civil Code (BGB), i.e. if the user has concluded the contract for purposes that cannot be attributed to commercial or self-employed work. sunhill provides the following instructions regarding the statutory revocation right:
Right of revocation
You have the right to revoke this contract within fourteen days without providing a reason.
The revocation period is fourteen days from the date that the contract is concluded.
In order to exercise your revocation right, you must inform us (sunhill technologies GmbH, Allee am Röthelheimpark 15, 91052 Erlangen, phone: 09131 625 99 25, fax: 09131 625 99 26, e-mail: email@example.com) of your decision to revoke this contract through an unambiguous statement (e.g. a letter sent by post, fax or e-mail) stating such. You may use the attached sample cancellation form or draft one of your own. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we must promptly return all payments that we have received from you, including delivery charges (excluding any additional costs that arise from the user’s choice of a delivery method compared to the least expensive standard delivery method that we offer), but at latest within fourteen days from the date we received your notification of revocation of this contract. In order to make this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; you will not be charged fees for this repayment. If you have requested that the services be commenced before the revocation deadline, you must pay us a reasonable amount equal to the proportion of services already provided at the time you exercise your revocation right with respect of this contract in comparison to the total volume of services provided for in the contract.
You may use our sample revocation form at https://tpay.io/muster-widerruf to revoke the contract.
8. DATA PROTECTION
The data protection statements of sunhill are available on the PayByPhone website (Data Protection – https://paybyphone-parken.de/en/privacy-policy/) and in our apps.
sunhill shall be liable for damages resulting from injury to life, limb or health caused by a negligent breach of duty by sunhill or a willful or negligent breach of duty by sunhill’s legal representatives or agents and any other damage resulting from gross negligence or willful breach of duty by sunhill or intentional or grossly negligent breach of duty by sunhill’s legal representatives or agents. sunhill shall also be liable for simple negligent breach of material contractual obligations (cardinal duties). However, compensatory damages for simple negligent breach of essential contractual obligations shall be limited to foreseeable damages typical to the contract. In addition, sunhill shall be liable for breach of warranties or claims under the German Product Liability Act. Any further liability of sunhill shall be excluded.
10. PAYBYPHONE ABROAD
When the user is abroad, sunhill will provide the PayByPhone service itself or through cooperation with a company by means of “roaming.” In the latter case, the user may use the PayByPhone service abroad, if he/she accepts the terms and conditions of the cooperation company. The local cooperation company is the provider of the PayByPhone service. Fees for providing the PayByPhone service will still be paid to sunhill. An overview of the countries where the PayByPhone service is available and the respective cooperation companies is available on the PayByPhone website (locations – https://paybyphone-parken.de/en/locations/).
11.1 The user is responsible for ensuring that the information provided by him/her is correct e.g. when registering on the website or setting up the app. If the information provided becomes incorrect, the user must update the information promptly via user account.
11.2 If it is discernible for the end customer that sunhill has brokered the services of a third party, the third party’s terms and conditions also apply with respect to the service.
11.3 The user may transfer rights under this contract only with the express consent of sunhill.
11.4 This user contract may be terminated in writing (letter, fax, e-mail) by either party at the end of the term of the chosen tariff package without observance of a notice period. If no notice of termination is given, the contract will be extended by a period equal to that of the original period. The right to extraordinary termination remains unaffected. Extraordinary cause for termination applies for sunhill e.g. in cases of misuse or manipulation of the PayByPhone service.
11.5 The PayByPhone service is constantly being further developed. sunhill reserves the right to change or discontinue certain services in the future, subject to prior notice stating a reasonable termination date. The user has the right to termination of the contract without notice if sunhill discontinues a service according to Clauses 1, 2 or 3 of these general terms and conditions. In this case, the user will be refunded the tariff fees paid for the future on a pro rata basis.
11.6 This contractual relationship is subject to the law of the Federal Republic of Germany, excluding the application of German international private law and UN sales law (CISG). If a user is a merchant or has no place of general jurisdiction in Germany, the relevant courts of Erlangen, Germany shall have exclusive jurisdiction over all disputes that may arise from or in connection with this user contract.
11.7 The German version of these terms and conditions are binding. You can find the current version on the PayByPhone website (General terms and conditions – https://paybyphone-parken.de/agb/).