General Terms and Conditions of sunhill technologies GmbH
The following terms and conditions apply to the services provided by sunhill technologies GmbH (“sunhill”).
1. Parking in unrestricted parking area
1.1 Instances of parking on parking lots operated by contracting parties of sunhill that have entrances and exits which are not secured by barriers may be paid for via SMS (text message) or the PayByPhone app. If the latter is used, PayByPhone does no more than mediate the payment to the parking vendor alone. The legal or contractual relationship under public law between the User and the parking area operator that arises due the respective parking activity remains unaffected thereby and is not covered by these General Terms and Conditions.
1.2 Payment for parking by 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/faq/) as well as the on-site signage. The User must first download the PayByPhone app from the respective App Store and proceed through the relevant selection protocol to pay for a parking activity over the PayByPhone app. The use of the PayByPhone app requires a stable (mobile) internet connection.
1.3 It is the User’s responsibility to ensure that a relevant parking space is available prior to paying for parking and that PayByPhone is an acceptable method of payment for the parking lot concerned. The listing of a parking lot in the PayByPhone app does not ground a claim to use of the PayByPhone service or a parking space. Indications of whether PayByPhone is an approved payment method can be taken from the signs and instructions given on the on-site parking ticket machines. Instructions from regulatory authorities and parking area operators must be obeyed in all circumstances.
1.4 The User is responsible for correctly inputting the information required to book a parking activity. The use of the GPS function of the PayByPhone app is done at your own risk.
1.5 The User may only assume that a parking activity has been successfully paid for once the User receives a corresponding confirmation. If parking fees are not paid, this may be prosecuted by municipal authorities as a misdemeanor and fined and also trigger a contractual penalty. sunhill is not responsible for any fines or complaints regarding parking activities levied 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 by PayByPhone fails, the User is still obliged to pay the parking fee. If this occurs, an alternative payment option must be used, e.g. the purchasing of a parking ticket at the parking machine.
1.6 Due to municipal regulations, in order to effectively book a parking space you may occasionally need to place a toll-sticker (vignette) on the inside of the windshield so as to identify you as the PayByPhone user. An overview of the municipalities which require such a vignette can be found on the PayByPhone website (locations – https://paybyphone-parken.de/standorte/). The vignette may be downloaded from the PayByPhone website (vignette – https://paybyphone-parken.de/vignette/).
2. Parking in restricted parking areas (parking facilities)
2.1 With respect to parking facilities operated by contractual partners of sunhill and whose entrance and exit are secured by a barrier, users can determine the amount of time they have parked by drawing a parking 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. Sections 1.2 to 1.6 of this Contract apply correspondingly with respect to paying for parking after you have drawn a parking ticket. Sections 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 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 activity leaves through the barrier of the parking facility. Details regarding the use of parking space 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 parking 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 indemnify and hold sunhill harmless against all 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. The User is obliged to pay the fees for all parking activities booked over its personalized access medium or via scanning its license plate, regardless of whether that User is the beneficiary of the parking service or not.
3. Parking at premium parking spaces with loading possibility
Fees levied 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 over the PayByPhone app or SMS (text message), thereby starting a charging activity. The power 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 activities in Sections 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 open parking spaces and charging stations near the User, which can be paid over the PayByPhone app. This GPS function is free of charge. The use of the GPS function is at your own risk. sunhill is not liable, in particular – except for cases described in section 9 – for the correctness of the indication made by the GPS function of the PayByPhone app regarding whether there are in fact free parking spaces or charging stations near the User, or whether the User is in fact led correctly to the displayed parking lot or the displayed parking spaces with charging stations.
4.3 The User may have the option to order taxi carriage in the PayByPhone app. This service is provided over the “BetterTaxi” taxi platform of the company, 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 the PayByPhone app, RFID access medium or automatic license plate recognition. Non-commercial users may choose between the tariff packages “PayByPhone Basic”, “PayByPhone Premium” and “PayByPhone Professional”, whereby the User pays either no, a monthly or an annual subscription fee depending on the respective tariff package. Any parking or premium parking charges with the possibility for electric charging are additional to the subscription fee and are not included in the latter. A description of the contents of service and a price list depicting the individual tariff packages can be found on the PayByPhone website (PayByPhone Premium – https://paybyphone-parken.de/premium/). Business customers can benefit from the tariff package “PayByPhone Fleet”. 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 package with no monthly / annual fee (with less benefits) at the end of the contract term, without giving a reason.
5.2 The respective parking area and charging station operators shall determine the amount of fees. sunhill reserves the right to offer or agree upon cheaper rates with Users.
5.3 A service fee will be charged to the User per parking activity plus parking fees at some PayByPhone locations. In this case the service fees due will be indicated by 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/standorte/).
5.4 sunhill reserves the right to charge a one-time fee for providing a personalized RFID access medium that can be used for capturing the time the relevant vehicle is parked in parking facilities whose operators are contracting parties of sunhill.
5.5 In the event of debt defaults sunhill reserves the right to block the current payment methode of the user until all outstanding payments have been settled and a valid payment method has beed added.
6. Payment and billing
6.1 By using the PayByPhone service, the User obliges itself to settle the amounts invoiced by sunhill for the service pursuant to Section 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 its monthly mobile telephone bill, by debiting the mobile prepaid credit of the User or by another, payment method accepted sunhill.
6.2 Payments by 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 the information before the account will be debited (pre-notification) is reduced to one day. If the User uses PayPal as his 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 users responsibility to ensure that a credit card registered with sunhill is in fact valid or any other selected payment method is possible and not blocked, and that any relevant bank account has sufficient cover for the transaction. If a payment cannot be debited for reasons attributable to the User, sunhill is entitled to temporarily disable the User’s account. sunhill reserves the right to demand compensation for any costs incurred thereby, such as a return debit note or chargeback, along with statutory default interest. If the User`s 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 occur over the mobile phone bill, that is, a prepaid credit to the mobile phone number specified by User.
6.4 The point in time that 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 collected and collected monthly by the selected payment method (like 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 as meant by § 13 German Civil Code (BGB), i.e., if the User has concluded the contract for purposes that cannot be attributed to its commercial nor self-employed work activity. sunhill has the following instructions regarding the statutory revocation right:
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: firstname.lastname@example.org) 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 termination form or draft one on your own. The date you send the notification to exercise your right of revocation constitutes the date you exercise your revocation right for purposes of complying with the 14 day 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 different than 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
The data protection statements of sunhill are available on the PayByPhone website (Data Protection – https://paybyphone-parken.de/datenschutz/) 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 vicarious 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 vicarious agents. sunhill is also liable for simple negligent breach of material contractual obligations (cardinal obligations). However, compensatory damages for simple negligent breach of essential contractual obligations is,
limited to foreseeable damages typical to the contract. In addition, sunhill is liable for breach of warranties or claims under the German Product Liability Act. Any further liability of sunhill is excluded.
10. PayByPhone abroad
When the User is abroad, sunhill will itself provide the PayByPhone service or do so 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; in which case the local cooperation company is the provider of the PayByPhone service. Payment of fees for providing the PayByPhone service will still be directed 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/standorte/).
11.1 The User is responsible for ensuring that the information provided by him 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 his User account.
11.2 If it is recognizable 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 only transfer rights under this Contract 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 is present for sunhill e.g. in cases of misuse or manipulation of the PayByPhone service.
11.5 The PayByPhone service is being developed constantly. 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 extraordinary termination of the Contract, if sunhill discontinues a service according to Section 1, 2 or 3 of these General Terms and Conditions. In this case, the User will be refunded pro rata tariff fees that have been paid for future service.
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 (Terms and Conditions – https://paybyphone-parken.de/agb/).