General Terms and conditions

Preamble

 

1.WIRELANE (hereinafter referred to as WL) has developed a system for electronic parking management (Mobile Parking System, hereinafter referred to as MOPAS), with which the parker using the MOPAS system (hereinafter referred to as the user) can pay the fees for the use of parking spaces (hereinafter referred to as parking fees) via mobile communication technologies (UMTS, GPRS, Wi-Fi) or by mobile phone in municipalities co-operating with WL. On behalf of and with the authorisation of the communities connected to the MOPAS system and other public bodies, WL accepts cashless settlement and assumes the collection of the parking fees from users. The MOPAS system involves electronic devices or facilities for paying parking fees and monitoring the parking time. The Federal Ministry for Transport, Construction and Housing has approved such electronic devices or facilities. If such electronic devices or facilities are available for paying parking fees and monitoring the parking time, anyone who has made the necessary arrangements for payment of parking fees and for its monitoring may park there for the duration of the allowed parking time.

 

2. With MOPAS, WL provides the user with an alternative system for payment of parking fees. These terms and conditions apply for the regulation of these services (hereinafter referred to as GTC). Any deviating, conflicting or additional GTC, even if acknowledged, shall not become subject terms of the contract, unless their validity is expressly approved. Any brochures, promotional announcements, etc. of WL or a third party shall not become integral parts of the contract, unless reference is expressly made to these documents.

 

Operation and use of the Mobile Parking System (MOPAS)

 

1. In the municipalities connected to the MOPAS system, the parking spaces provided are divided into parking zones. Each parking zone shall receive an individual telephone number. The user can activate the parking process either by calling the respective number - for which a prior registration pursuant to § 3 is required - or by sending an SMS. Details are provided in the following sections 2 and 3.

 

2. Parking with MOPAS by phone call: An individual phone number is set for each parking zone, which is structured according to the following pattern:

 

[Area code] [MOPAS number] [Parking zone]

 

This number is dialled respectively at the start and end of the parking process. At the start of the parking process, the car registration number, the starting time of the parking and the parking zone number are recorded in the MOPAS database. The user receives a recorded message as confirmation that tells them the longest parking duration for the corresponding parking zone. At the end of the parking process, the parking time is stopped after the call, calculated and sent to the user by SMS as verification. If the user is registered with two or more car registration numbers, a car registration number is selected by voice response. The data is stored over a period of time agreed upon with the respective municipality. Thereafter the data are only available as a pdf invoice for download in the private account of the user.

 

3. Parking with MOPAS by SMS: The user can send an SMS to an abbreviated number in designated parking zones, in order to start a parking process. The SMS text must show the parking zone, the car registration number, a full stop, as well as the desired parking time in minutes in the following syntax:

 

[parking zone][car registration number][.][parking time in minutes]

 

The user shall receive an SMS as confirmation, indicating the maximum parking duration, price and car registration number. The data is stored over a period of time agreed upon with the municipality.

 

4. Parking fees: The parking fees vary according to the parking fees regulations of the respective municipality. The minimum parking fees per parking process vary depending on the municipality. The user can find information about whether and in which municipality minimum parking fees apply, as well as the amount of these minimum parking fees, on the Internet platforms of WL.

 

5. Service charge: A service charge per parking process will be charged depending on the municipality. The user can find information about whether and in which municipality this service charge applies, as well as the amount of the service charge, on the Internet platforms of WL.

 

6. Payment of the parking fee: The user is exclusively responsible for the proper payment of parking fees via the MOPAS system, in particular the proper start and end of the parking process. In particular, the user must ensure that their mobile phone is configured according to MOPAS (activation of phone number transmission) and it has a cellular data connection to use the MOPAS system. Any non-availability of the MOPAS system (e.g. busy tone or non-availability of the mobile network) shall not relieve the user from paying their parking fees in the otherwise intended conventional manner (per park ticket machine/parking meter). The user is also liable for the proper payment of parking fees also when a third person uses their mobile phone or other data-enabled device for the payment of parking fees. § 6, section 1, sub-section 2 shall remain unaffected.

 

7. Obligation to declare: The user undertakes when using the MOPAS system to perform the registration properly at the beginning of the parking process in the correspondingly equipped parking areas.

 

8. Missing deregistration: If the user neglects to deregister despite proper registration, the maximum allowed parking time will be taken as a basis when calculating the applicable parking fee - regardless of the actual parking duration in this parking zone.

 

9. Monitoring of the parking process: The municipality reserves the right to monitor the proper payment of parking fees, including conformity to the parking period or the maximum parking duration.

 

10. The relationship arising between the municipality and the user under public law as the result of the respective parking process (subject to charges) shall remain unaffected. In particular, the charging based on the parking fees regulation for the respective municipality, the sanctioning of any traffic offences as well as administrative execution shall remain unaffected.

 

11. WL provides services for the user on the website www.wirelane.com(hereafter referred to as Internet platforms).

 

Registration

 

1.The data which are required for registration, are needed for the billing of parking fees and will be stored over the period of use of MOPAS. When registering, the following information is required:

 

  • Surname 
  • First name
  • Street
  • House number
  • Postal code
  • Town/City
  • Mobile phone number (one or two)
  • Car registration number(s) (one or up to four)
  • Email address
  • User name
  • Indication of the type of payment
  • Bank (only with payment method "direct debit")
  • Bank sort code (only with payment method "direct debit") 
  • Account number (only with payment method "direct debit")
  • IBAN (only with payment method "SEPA direct debit" or "SEPA direct debit with Autoload")
  • BIC (only with payment method "SEPA direct debit" or "SEPA direct debit with Autoload") The registration is only possible if the user accepts the GTC.
2. With the activation, an account is set up (MOPAS account).

 

3. The parking fees are charged through the MOPAS account. The payment processing for the user takes place via a bank that is approved by the Federal Financial Supervisory Authority (BaFin) for the execution of corresponding payment procedures.

 

4. The registration can take place via the Internet through a ssl-secured data connection via the Internet platforms of WL, via call centre or in writing via a registration form.

 

5. After completion of the registration process, the user will receive a confirmation email to the email address specified by them. In this email is an authentication link, which the user must follow in order to complete the registration. After following the authentication link, the user name selected by the user and an automatically generated password will be sent to the user by email. For security reasons, the user should change the automatically generated password immediately after receipt in their personal customer area.

 

6. WL shall provide the user with a personal customer area on the Internet platforms of WL. This area is protected by a user name and a password. In the personal customer area the user can
  • change the data given upon registration, except for the user name,
  • change the password for the personal customer area,
  • cancel the usage contract,
  • view the account data for prepaid payments,
  • view invoices and already settled parking processes,
  • view parking processes not yet accounted for
  • view their current account balance.

Cancellation of usage upon registration

 

1. The user can cancel the usage contract immediately at any time without giving notice (in writing, by fax or email). The cancellation shall be addressed to: +49 (0)681-992788-10, email: info(at)wirelane.com.

 

2. WL may cancel the usage contract by way of ordinary termination via post, fax, or email respectively to the user's last known address, fax number or email address in accordance with a two-week period of notice. WL is entitled in particular to terminate the usage contract extraordinarily with immediate effect, if the user violates the provisions of these terms and conditions or in connection with the use of the MOPAS system violates applicable law, or an important reason exists through which the continuation of the usage contract is unreasonable for the municipality or for WL due to loss of confidence or frustration of contract. One such important reason exists in particular if the user has indicated incorrect data upon registration, rights of third parties have been violated in connection with the user's use of the MOPAS system, misuse or manipulation of the MOPAS system by the user is suspected or has taken place or services of WL have been abused or insolvency proceedings have been opened against the user or their opening has been rejected due to lack of assets.

 

3. In the event of cancellation, the MOPAS account will be deactivated and settled. The data will then be deleted. MOPAS can then no longer be used. Any remaining balance in the prepaid procedure, § 7 section 2 letter (b), will be refunded to the user by sending a crossed cheque to their specified address.

 

Revocation instruction upon registration

 

Right of revocation

 

You can revoke your contractual declaration in writing (e.g. letter, fax, email) within 14 days without giving reasons. The period begins after receipt of this instruction in writing, but not before conclusion of the contract and also not before fulfilment of our information obligations in accordance with article 246 § 2 in conjunction with § 1 section 1 and 2 of the Introductory Act to the German Civil Code (EGBGB), and also not before fulfilment of our obligations pursuant to § 312 g section 1 sentence 1 of the German Civil Code (BGB) in conjunction with article 246 § 3 EGBGB. Timely dispatch of the revocation is sufficient to comply with the revocation deadline. The revocation must be addressed to:

 

WIRELANE GmbH
Heinrich-Barth-Strasse 29
66115 Saarbrücken Fax: +49 (0)681 992788 10
Email: info(at)wirelane.com.
Consequences of revocation

 

In the event of an effective revocation, the mutually received services and any derived benefits (e.g. interest) are to be returned. If you cannot return or surrender the received services and benefits (e.g. benefits of use) or partially cannot do so or can only do so in a deteriorated condition, you must provide us with value replacement. This can entail you having to fulfil the contractual payment obligations for the period until the revocation. Obligations for refunding payments must be fulfilled within 30 days. The time limit begins for you upon dispatch of the revocation, for us upon its receipt. End of revocation instruction

 

Obligations of the user upon registration

 

1. Username and password: The user shall receive a user name and a password (at least four digits) from WL. Hereby, the user can view their personal parking account (MOPAS account) with WL. Password can be changed by the user. For security reasons, the user should use a longer password and change it periodically. The user shall ensure that no third party gains knowledge of user name and/or password. If the user discovers abuse of their MOPAS account, they are obliged to inform WL of this immediately, so that their MOPAS account can be blocked if necessary. The same applies for loss or theft of their mobile phone or their SIM card. In the event of improper use by third parties, the user shall not be liable for damages incurred, after notifying WL, as a consequence of delayed blocking of the user account. In this case, the user's MOPAS account will not be charged. The user shall only be liable to the amount of €50 for such damages occurring before receipt of the notification by WL, unless the user has intentionally or grossly negligently violated their due diligence obligations under this contract or acted with fraudulent intent; in this case, the user shall be fully liable.

 

2. Information obligation of the user: The user is obligated immediately to update changes to their personal and contractual data - as listed under § 3 section 2 - in their personal customer area or immediately to inform WL in writing of the changes. This obligation refers especially to the change of billing address, bank details, mobile phone number, email address, as well as to the transfer of their phone contract to a third party and the change of their car registration number. If WL has no way of knowing about the changed data, WL is entitled to discontinue its services and block the MOPAS account. The same applies if the user does not announce a change of their address and therefore statements from WL, which are sent to the last address given by the user, are not received.

 

Payment of the parking fees

 

1. Payment obligation of the user: If the user pays their parking fees via MOPAS, then WL is authorised to collect the actually incurred parking fee for the municipality. A reclaim by the user based on any objections or complaints regarding the received performances is ruled out after expiration of the periods specified in § 7 section 3.

 

2. Accounting procedure: The user can choose between following payment systems when paying their parking fees, whereby a previous registration in accordance with § 3 is necessary for payment in accordance with letters a) - c): a) Direct debit (Postpaid): WL is authorised to collect the parking fee by means of a direct debit. The invoice amount will generally be booked within five working-days after invoicing in accordance with section 3, by direct debit from the user account on the virtual MOPAS account, at the latest however 15 working-days after invoicing. From 1 February 2014, no collections will be made by direct debit.

 

b) SEPA direct debit scheme (Postpaid): WL is authorised to collect the parking fee by means of the SEPA direct debit scheme. The invoice amount is generally booked on the 10th day of the month of invoicing pursuant to section 3 by SEPA direct debit from the account on the virtual MOPAS account, but not later than on the 15th day of the month after invoicing. Should a collection be due on a weekend, public holiday or bank holiday, the collection shall take place on the next following business day.A corresponding reference to the due date for the invoice amount can be found on the invoice.

 

The period for prior notice (pre-notification) will be shortened to five days.

 

The SEPA direct debit scheme will be introduced on 1 January 2014 and replaces the electronic direct debit procedure from 1 February 2014.

 

c) Direct debit procedure with autoload (prepaid): The user's MOPAS account is a credit account. The user authorises WL to top up their MOPAS account via direct debit if the credit balance on the customer account falls below an amount of € 5.00. WL is entitled to collect a minimum amount of € 15.00. The maximum amount depends on the consumed parking fee of the user, of which WL is aware at the end of the parking process, and is a multiple of € 15.00, until at least the amount of € 5.00 up to no more than the amount of € 19.99 is reached. Example: The MOPAS account shows a credit balance of € 7.00. The users parks for € 35.00. An amount of € 45.00 (3 x € 15.00) will be collected, so that the user's MOPAS account has an amount greater than € 5.00 and less than € 19.99, in this case € 17.00.

 

From 1 February 2014, no collections will be made by direct debit with Autoload.

 

d) SEPA direct debit procedure with Autoload (prepaid): The user's MOPAS account is a credit account. The user authorises WL, to top up their MOPAS account via SEPA direct debit if the credit balance on the customer account falls below an amount of € 5.00. WL is entitled to collect a minimum amount of € 15.00. The maximum amount depends on the consumed parking fee of the user, of which WL is aware at the end of the parking process, and is a multiple of €15.00, until at least the amount of € 5.00 up to no more than the amount of € 19.99 is reached. The MOPAS account shows a credit balance of € 7.00. The users parks for € 35.00. An amount of € 45.00 (3 x € 15.00) will be collected, so that the user's MOPAS account has an amount greater than € 5.00 and less than € 19.99, in this case € 17.00.

 

A corresponding notice of the due date of the debit amount will be sent to the customer by email. The period for prior notice (pre-notification) will be shortened to 2 days. Should a collection be due on a weekend, public holiday or bank holiday, the collection shall take place on the next following business day.

 

The SEPA direct debit scheme with Autoload will be introduced on 7 January 2014 and replaces the electronic direct debit procedure from 1 February 2014.

 

e) Payment to the MOPAS account (via advance bank transfer prepaid): The user can top up their MOPAS account via advance transfer. After each parking process, the corresponding parking fee will be debited from the user account and the account balance communicated via SMS.

 

f) Payment via mobile phone bill (SMS only): In some cities, WL offers payment without prior registration via the user's mobile phone bill. The parking fees are charged to the user at the beginning of a parking process via the respective mobile phone operator.

 

3. Accounting for registered users: Account statements and accounts and/or invoices (hereinafter referred to as invoices) and individual proofs of parking will be made available by WL as standard for the user to view/download in their personal customer area. The invoices and individual proofs of parking for a month will be made available to the user by no later than the 15th of the subsequent month, generally within the first five working-days of the subsequent month. The user will be informed by WL by email when a new invoice is available. Invoices and individual proofs of parking will be made available for the user in their personal customer area for a maximum of one year.

 

The user must raise any objections to the invoice within eight weeks after receipt of the invoice. Statutory claims of the user shall remain unaffected thereby.

 

WL shall enable the user to view their MOPAS account. The representation of the account balance is thereby not binding and does not justify an independent claim by the user

 

4. Non-redeemed direct debits / open receivables: As soon as a debit - owed by the user - is not redeemed, the user is excluded from use of MOPAS and the MOPAS account is blocked until the open claim is fulfilled.

 

Any bank charges incurred due to a non-redemption of a debit for which the user was to blame shall be borne by the user. The assertion of damages beyond that shall remain reserved.

 

5. If the user does not fulfil a payment request, the open receivables may be assigned to the respective municipality, insofar as they result from the use of MOPAS. The respective municipality will then claim the receivables itself. WL is entitled in this case, to pass on the necessary available user data to the respective municipality.

 

Data security

 

1. The user expressly consents to their personal data being automatically stored and processed. The user can revoke their consent at any time with effect for the future. However, a use of MOPAS will then no longer be possible.

 

2. WL assures the confidential treatment of their data according to the regulations of the data protection act and in this respect is subject to the control of the State Official for Data Protection.

 

3. The data will only be used for purposes of the performance of the MOPAS system. During the use of the MOPAS system, the respectively responsible municipality shall inspect only the following parking data for the purpose of traffic surveillance: - car registration number, - date of beginning of parking, - time of beginning of parking, - exceedance of the maximum parking duration.

 

4. The provisions of the Telemedia Act shall apply.

 

Liability

 

1. WL is liable to the user under the statutory provisions for damages, insofar as these are due to intent or gross negligence or culpable infringement of essential contractual obligations by WL. In the case of minor negligence, WL's liability is limited to the contract-typical, foreseeable damage; this applies also for minor negligent breaches by legal representatives and vicarious agents. Liability for culpable injury to life, body or health remains unaffected.

 

2. WL assumes no liability for the continuous availability of the MOPAS system, especially not for the availability of mobile networks and the functioning of mobile devices. No liability shall be assumed for damages, which result in particular from the non-availability of the MOPAS system or from the truncation or degradation of transmitted data and which are not due to intent or gross negligence on the part of WL.

 

3. WL assumes no liability for incorrect or non-executed ending of the parking process via the MOPAS system, if the error is in the area of responsibility of the network operator or the user.

 

4. WL assumes no liability to the user for services of the municipality, for services of providers of payment systems and for services of other third parties who work on behalf of the aforementioned parties.

 

5. In the event of non-availability of the MOPAS system, if the user does not pay the parking fees via conventional means (via parking ticket machine/parking meter), WL accepts no liability for the consequences (e.g. fines, towing fees) in this case.

 

Changes or amendments to the general terms and conditions

 

1. WL will inform the user in writing of changes to the general terms and conditions no later than six weeks prior to the effective date. If the user does not raise objection by the date of effect of the changes, their approval shall be deemed granted; WL will inform the user of this separately. The user is also entitled immediately to terminate the usage contract free of charge before the changes take effect. WL will also inform the user separately about this termination right.

 

2. If any provision of these GTC is ineffective, the remaining provisions shall remain unaffected.

 

3. All agreements made between the parties for the execution of this contract are set out in writing in these general terms and conditions.

 

Applicable law and court of jurisdiction

 

The contractual relationship is subject to the law of the Federal Republic of Germany. If the user is a business person or has no general court of jurisdiction in Germany, the exclusive court of jurisdiction for all disputes arising from this contract is Saarbrücken.