Fun Terms of Use for PEUKA

Updated: 03/01/2024

§ 1 Scope of Application, Contract Conclusion/Registration, Changes to the General Terms of Use

(1) Peuka GmbH, c/o GF Malte Wussow, Christopher Gruber, Schauenburgerstraße 116, 24118 Kiel, Germany, Email: info@peuka.com (hereinafter: "PEUKA") is the developer and operator of a parking platform in the form of an app (hereinafter: "PEUKA App" or "App"), which can be downloaded from www.peuka.com and available app stores (hereinafter "App Stores") and used via various interfaces. The PEUKA App offers you (hereinafter "User", "Tenant" or "Landlord") the chance to use our parking platform to lease or rent parking spaces under the terms of these conditions.

(2) These terms completely outline the conditions between PEUKA and the user for using the PEUKA App and its services. Any deviation from these terms is valid only if confirmed in writing by PEUKA. The user's differing T&Cs are not part of the contract, even if PEUKA does not expressly object them.

(3) Before downloading the PEUKA App, you must expressly agree to these General Terms and register with PEUKA.

(4) The contract is concluded by PEUKA confirming the user's registration ("Registration"). PEUKA can also declare the confirmation by activating the respective offer. PEUKA reserves the right to reject registrations at its own discretion without giving reasons; there is no entitlement to conclude a usage contract. PEUKA also reserves the right to request additional information or evidence when registering or using the PEUKA App as well as when paying out rental proceeds (e.g. copy of ID card, passport, or driver's license or proof of address by submitting a rental agreement or a registration certificate).

(5) A contract can only be concluded if the user has full legal capacity or acts with the consent of their legal representative. In any case, they must be at least 18 years old.

(6) PEUKA is entitled to amend these General Terms and Conditions, provided the user agrees to the amendment. Acceptance of the valid terms of use at the time of use is necessary for continuing to use the PEUKA App and the parking platform.

§ 2 Services Provided by PEUKA, Exclusion of Use, Service Scope

(1) The PEUKA App includes a platform allowing consumers and businesses to lease and rent parking spaces, driveways, and other parking facilities short-term (less than a month) and long-term (more than a month), as well as lease and rent spaces, storage, winter storage, etc., for motorhomes, cars, antique cars, convertibles, motorcycles, boats, etc. The PEUKA App has an integrated, automated messaging system to simplify communication between tenants and landlords, as well as extensive features for managing and monitoring ongoing business transactions and processing payments.

(2) PEUKA itself does not offer parking spaces, stands, or other spaces for paid leasing but merely provides a marketplace through its parking platform where tenants and landlords can find each other and enter into contracts. PEUKA is never a party to a contract or another agreement concluded between users. Users are responsible for complying with legal requirements when concluding contracts through the PEUKA App. Actions using a user's respective login are generally attributed to the user. Users are responsible for all statements they make on the platform. They are liable for statements made by third parties under their customer account, to the extent foreseeable based on the principles of a contract with protective effects for third parties.

(3) PEUKA's services include, among other things: (a) providing the use of the PEUKA App after user registration; (b) enabling negotiations and contract conclusions through the PEUKA App initiated by user offers; (c) creating information and communication opportunities among users and contracting parties.

(4) PEUKA ensures an online availability of 98.5% on an annual average, including necessary maintenance work. Downtime due to force majeure, technical disruptions to the internet, or other reasons not attributable to PEUKA are not included. If maintenance work is needed and the PEUKA App or our website is therefore unavailable, we will inform you as a user as early as possible.

§ 3 Renting Out Parking Spaces

(1) As a landlord, you must provide the exact address and desired parking fee (per 24 hours or per month for long-term spaces) and the period for which your parking space(s) should be offered on the PEUKA parking platform. PEUKA automatically calculates your parking fee for the tenant's booked time upon booking. The landlord is entitled to change the parking fees at any time, always only for the future. A change in price has no effect on the fees of previously concluded rental agreements.

(2) For concrete leasing, you must also provide details about the temporal availability (date, period) of your parking space(s). Availability can only be set for a specific period in advance (currently: 6 months in advance) or the availabilities you entered are only displayed to tenants starting a certain period in advance.

(3) Posting availability as a landlord constitutes - unless otherwise agreed - a binding offer to other users to conclude a rental contract for the parking space. Until the specific booking, you can change or remove the offer at any time. The tenant accepts your offer by taking the booking process bindingly. Once a tenant has booked the parking space within the availability you specified, you can no longer withdraw the offer. In exceptional cases, you can contact us at service@peuka.com, and we will try to find a solution with the tenant. However, please note that you have no claim to cancel the parking space after booking.

(4) In exceptional cases, preparatory measures for the parking process may be necessary for long-term spaces as a landlord (e.g., opening gates, handing over keys, etc.). You can specify this in the respective parking description. After your parking space is booked by a tenant, they can contact you via the PEUKA parking platform, and you can also contact the tenant. All details necessary for the parking process should then be discussed with the tenant.

(5) As a landlord, you can offer your space not only for vehicles but also for motorhomes, motorcycles, or boats and, of course, specify if an existing charging station (e.g., for e-vehicles) can be used during the rental period. In your booking display, you can select for which type of vehicle your space is suitable and should be offered. The tenant is also obliged to indicate the type of vehicle during booking.

(6) The registered user can cancel a parking space booked by them under certain conditions, with a refund of the rental fee you received; details can be found in § 4 of these Terms of Use.

(7) As a landlord, you assure that you have full control over the offered parking space(s) and any charging facilities and confirm and warrant that the offers you place and their booking do not violate agreements with third parties, particularly that you are authorized to sublease.

(8) As a landlord, you must ensure that the area to be leased is suitable as a parking facility. You must expect short-term leasing at any time within the availabilities you set, and you must ensure that the parking space is accessible as described.

(9) If you act as an entrepreneur, as a landlord, you are particularly obliged to provide users who are consumers with the legally required information, inform them about the processing of their personal data, and instruct them about the existence or non-existence of the legal right of withdrawal. PEUKA does not do this for you.

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

(11) The PEUKA App provides each user with receipts for individual booking transactions. These are a service provided by PEUKA and not legally binding. You might have to declare your rental income for taxes - please contact a professional for all tax-related questions.

§ 4 Renting Parking Spaces; Fixed Damages for Exceeding Parking Time; Cancellation

(1) Within the PEUKA App or website, you can search for parking spaces in your vicinity or a specific area spontaneously or already in advance and then book them; the stated prices (rental fees) are gross prices including the applicable statutory VAT, potentially rounded by PEUKA (i.e., for short-term spaces, the landlord indicates the price per 24h, and we show you a price per hour, adjusted to the nearest cent). By selecting a parking space, entering the license plate of the vehicle you wish to park, and specifying the desired parking period, followed by clicking the "Rent Now" button, you make a binding declaration and a rental contract between you and the respective landlord is concluded (hereafter referred to as "Booking"). Alternatively, PEUKA also offers the possibility to book spaces for motorhomes, motorcycles, or boats on areas specifically offered by users for this purpose. The landlord will mark their parking spaces accordingly. The tenant can specify the type of vehicle during booking.

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

(3) If the landlord provides further own conditions, you must also accept them as a tenant during the booking process. You will be expressly notified about this.

(4) During the booking process, you will be directed to process the payment, so you can pay the agreed rental fee of the parking space to the landlord. PEUKA confirms the successful booking of a parking space to you in the App. The payment processing involves the integration of the payment service provider MANGOPAY SA, whose general terms of use (https://www.mangopay.com/terms/MANGOPAY_Terms-DE.pdf) users must accept.

(5) Every tenant must ensure that their vehicle is removed from the booked parking space before the end of the booked parking time. In the case of exceeding parking time, users may be blocked from further use of the parking mediation. Additionally, the landlord can demand from the tenant for each started hour of exceeding time the 6-fold agreed hourly price, at least 15.00 euros, plus a one-time fee of 0.29 euros, and, in the case of late payment, an additional reminder fee. The processing fee to PEUKA for handling this is 3.89 euros. The parking time overrun must be proved to PEUKA with a photo of the over-parked vehicle, with the license plate clearly visible. The report of the overrun is made directly via the PEUKA App. The tenant is permitted to prove that the landlord has not suffered any damage as a result of exceeding the agreed parking time or that this is significantly lower than the lump sum. Unintentional exceeded parking times are exempt from the obligation to pay damages; the onus of proving lack of fault lies with the tenant. Any existing right of the landlord to have the vehicle exceeding the parking time towed remains unaffected by this paragraph 5.

(6) Using the PEUKA App / parking platform at www.peuka.com, you are entitled to declare the waiver of using the booked parking space (hereinafter: "Cancellation"), thus invalidating the permission to use the booked spot. In case of a cancellation before the start of the rental period, you will be refunded the rental fee wholly or partially depending on the time of cancellation as follows:

(a) For cancellations at least four weeks before the rental start, the entire rental fee is refunded except for 29 cents;

(b) For cancellations at least one week before the rental start, 75% of the rental fee is refunded;

(d) For cancellations made less than 24 hours before the rental start, 25% of the rental fee is refunded. Cancellations from the start of the rental do not result in a refund.

The deadlines depend on the rental start time and the time of cancellation, so for instance, for an agreed rental start at 9:00 am on 30/10 of any year, the seven-day period of letter (b) only applies until 9:00 am on 23/10 of the same year, and cancellations from 9:01 am fall under letter (c).

(7) If you were given keys, access cards, etc., to conduct the rental, you are expected to return them. You will find detailed instructions about where and how to return the keys, etc., in the specific parking spot ad.

(8) As a tenant, you must observe traffic regulations. If the parking space is not released for other vehicles by the landlord, you may only park cars with a valid road approval there; in particular, only registered cars with valid street approval can be parked in short-term parking spaces. With the landlord's consent, you may park deregistered cars or currently non-registered ones with seasonal license plates in long-term parking spaces. Please note the description provided by the landlord. You are also obligated to avoid unnecessary engine idling and noise and smell nuisances. Washing the vehicle on the parking spaces is not allowed unless explicitly permitted by the landlord. Any oil spills must be cleaned up by you.

(9) PEUKA reserves the right to tow unlawfully parked users at their expense. Unlawfully means parking without a rental contract or with a registration plate other than stated or blocked.

§ 5 Handling Contracts Concluded via the PEUKA App; Brokerage Fee; Rental Income (Credit); Prices and Taxation

(1) The handling of contracts concluded on the parking platform is the sole responsibility of the respective users. PEUKA does not guarantee for the performance nor assume any liability for material or legal defects of the agreed services for the concluded contracts. PEUKA is under no obligation to ensure the fulfillment of contracts concluded between users or to check the suitability, availability, or any other aspects of the rented parking spaces offered by users.

(2) PEUKA cannot guarantee the true identity and the authority to dispose of users. In cases of doubt, both contract parties are required to appropriately inform themselves about the true identity and authority to dispose of the other contracting party.

(3) The use of the parking platform via the PEUKA App or website is free of charge. If a rental contract is concluded between users, a brokerage fee, borne by the landlord, is payable. For short-term parking spaces (booking duration less than a month), this fee is 25% of the gross rental fee per parking space + 29 cents, for long-term parking spaces (more than a month) and parking spaces with charging facilities, the tenant actually gets to use, it amounts to 15% of the gross rental fee per parking space + 29 cents. This fee is deducted immediately upon booking a parking space and charged to the landlord by PEUKA, who can view it under the "Finances" menu by clicking on the button "Invoices & Credits". PEUKA's brokerage fee in case of a cancellation by the tenant according to § 4 Abs. 6 is calculated based on the reduced gross rental fee (each + 29 cents).

(4) Rental income received by you as a landlord from renting out your parking space is credited to your PEUKA Cash account. You can transfer your credit to your bank account at any time. The payout usually occurs within 5 working days to the account you specified. PEUKA reserves the right according to §1 Para. 4 to request additional details and evidence for verifying the users' information when paying rental income (e.g., copy of ID card, passport, or driver's license or proof of address by presenting a rental agreement or an official registration certificate).

(5) In case of the termination of your account by you or us, we will also transfer the balance within 5 working days. The balance remaining on 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 you deleted your account (general limitation period).

(6) All fees and prices mentioned are inclusive of the applicable statutory VAT. Each user is responsible for potentially applicable tax payments.

§ 6 Registration; Rights and Obligations of the User; Prohibited Conduct

(1) Content provided through the app is protected by copyright. For using services conveyed via the app, the user acquires for themselves a simple, non-exclusive, non-transferable usage right. They may not reproduce, distribute, or make content publicly accessible or remove technical protection measures or copyright or rights notices.

(2) When registering, as well as offering a parking space for lease or casting interest in renting a parking space, the user is obligated to provide truthful and complete information, and to keep this up to date during the contract term by adjusting or notifying PEUKA. The contract between you and us is concluded by clicking the "Register" button. After registering, we will send you an email with a verification code. Registration is completed with the entry of the verification code contained in this email ("Completion of Registration"). If you are acting on behalf of a company during registration, you assure that you are authorized to represent this company and are authorized to empower and obligate it within the framework of these Terms of Use.

(3) As a landlord of a parking space, uploading a picture of the parking space is recommended. Before uploading each photo, you are required to ensure you have the appropriate usage rights for the photo and that making the image or other content publicly accessible does not violate statutory provisions, decency, and/or third-party rights. You are particularly prohibited from uploading photos that depict other people or license plates of other vehicles without first obtaining their consent. As a landlord, you grant PEUKA a right limited to the duration of this contract to technically edit, process, and adapt content you upload so that they can also be displayed on mobile devices or in third-party software applications. Additionally, you grant PEUKA rights to edit images you upload, such as using color markings to better orient and use the offered parking possibilities within the PEUKA App.

(4) The user is obliged to keep their login details confidential and not share them with third parties. Permitting third parties to use the registration is prohibited. In case of misuse or loss of this data or a corresponding suspicion, you must notify us via email at service@peuka.com. Only one registration may be maintained per person at a time. Users are also prohibited from utilizing contacts gained within the PEUKA App to landlords/tenants to enter into contracts for leasing spaces outside the PEUKA platform/app and thus bypassing fees from PEUKA.

(5) The user assures PEUKA and all other users that they comply with data privacy requirements regarding the data they transmit and releases PEUKA from any claims, including those of a public-law nature.

(6) When using the app, the user is prohibited from infringing the rights of PEUKA or third parties or otherwise violating applicable law or decency. In particular, the user undertakes to refrain from the following actions:

(-) Disseminating statements with insulting, harassing, violent, glorifying violence, inciting, sexist, obscene, pornographic, racist, morally objectionable, or otherwise offensive or prohibited content;

(-) Insulting, harassing, threatening, intimidating, defaming, embarrassing other users or PEUKA staff;

(-) Spying out, passing on, or disseminating personal or confidential information of other users or PEUKA employees or otherwise disregarding the privacy of other users or PEUKA employees;

(-) Spreading untrue claims about race, religion, gender, sexual orientation, origin, social status of other users or PEUKA employees;

(-) Spying on, passing on, or disseminating confidential information from PEUKA;

(-) Spreading false claims about PEUKA;

(-) Claiming to be an employee of PEUKA or an affiliated company;

(-) Using legally protected images, photos, graphics, videos, pieces of music, sounds, texts, brands, titles, designations, software, or other content and identifiers without the owner's consent or authorization by contract, law, or regulation;

(-) Disseminating statements with advertising, religious, or political content;

(-) Using prohibited or illegal content;

(-) Exploiting programming errors (so-called bugs);

(-) Taking actions that lead to excessive server load and/or can massively affect processes for other users;

(-) Hacking or cracking and promoting or inciting hacking or cracking;

(-) Disseminating fake software and promoting or inciting the dissemination of fake software;

(-) Uploading files containing viruses, Trojans, worms, or corrupted data;

(-) Using or disseminating "auto" software programs, "macro" software programs, or other "cheat utility" software programs;

(-) Modifying the app or parts thereof;

(-) Using software that enables so-called "data mining" or otherwise intercepts or collects information relating to the app;

(-) Disrupting transmissions to and from the service servers and the website servers; Penetrating the service, data, or website servers.

(7) PEUKA points out their right of access concerning the use of their app and expressly reserves the right to immediately block the account and terminate the user contract without notice if these terms are violated, particularly the obligations regulated in paras. (1) to (6), or other applicable laws while using the app.

(8) You and we can delete, replace, or change posted images and files at any time. In particular, we are entitled to remove images or files even without prior notice if and insofar as specific indications arise that the publication in the PEUKA App violates statutory provisions, common decency, and/or third-party rights.

§ 7 Payment Conditions, Default, Offset, and Right of Retention

(1) All agreed fees include applicable VAT. PEUKA is entitled to deliver electronic invoices.

(2) The user only has a right of offsetting if their counterclaim against PEUKA is legally established, undisputed, or acknowledged. Users have a right of retention only if and insofar as their counterclaim is based on the same contractual relationship.

(3) If the user unjustifiably fails to fulfill a due payment obligation to 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 due payment has been received. The contract term remains unaffected by the temporary suspension. The user must reimburse PEUKA for statutory damages and necessary expenses (e.g., return debit costs) arising from their non-payment or late payment or other disruptions to payment by the user, unless the user is not responsible for it. PEUKA also reserves the right to assert default interest for late payments.

§ 8 Contract Duration, Termination

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

(2) You can terminate the contract at any time in writing (email is sufficient) or by selecting "Delete account" in the account settings, thereby deleting your account.

(3) We can terminate the contract with two (2) weeks' notice. The termination must be in text form.

The right to extraordinary termination for good cause remains unaffected. For PEUKA, there is a reason for extraordinary termination particularly if the user repeatedly violated these terms, provided PEUKA unsuccessfully warned the user to comply with the affected contractual obligation before extraordinary termination (warning). If an extraordinary termination is effected by PEUKA, the booking of parking spaces already booked at the time of termination will remain unaffected for a time after the termination becomes effective.

§ 9 Technical Requirements

The use of the PEUKA App does not include providing a mobile device or other equipment necessary to access the app. To use the PEUKA App, you need an internet connection and suitable telecommunication links. PEUKA is not responsible or liable for phone or other charges you may incur or be billed to you by third parties. It's possible that you must use the service to download software or purchase goods or services from third parties by using the app. These third-party services and goods may have their own, separate rules and restrictions from these terms, and you must comply with these regarding such third-party providers.

§ 10 Updates and Changes to Services; Restriction of App Services

(1) PEUKA can update or alter the app for seamless provision of services without needing to notify you. If necessary, PEUKA can temporarily interrupt or permanently discontinue access to the app. Updates or changes may be subject to altered terms of use; if you do not agree to these changes, you must refrain from future use of the app.

(2) As long as PEUKA provides free services within the app, the user has no claim to their provision; PEUKA expressly reserves the right to restrict, end, or make provision of free services chargeable at any time.

§ 11 Third-Party Websites and Apps

The app may provide links or references to websites and apps of third parties. PEUKA does not monitor such websites and is not responsible for their contents or functions. If you access these third-party websites via the PEUKA App, you do so at your own risk. We recommend reading the usage terms and privacy policies of these third-party sites. PEUKA is not liable for damages or losses incurred to you through the use of a third-party site.

§ 12 User Cooperation Duties / Other User Obligations

(1) When using the app, the user must adhere to the necessary diligence for use. In particular, they are required to regularly back up their data for restoration in case of data loss.

(2) If access to the apps requires user registration, the user is responsible for ensuring their password is not accessible to third parties. The user assumes full responsibility for all actions made using their login details.

(3) You may not let a third party use your profile and login details. The use of your account by third parties constitutes an important reason for permanent blocking without prior notice. In your interest, you are urged to promptly notify PEUKA of any knowledge of third parties taking access or any misuse of your account.

§ 13 Warranty, Liability

(1) Since PEUKA merely provides the platform for concluding rental contracts between tenant and landlord and acts as a mediator, PEUKA bears no liability concerning contracts between tenants and landlords. Specifically, PEUKA assumes no liability for damages and/or dirt occurring on vehicles during parking time.

(2) For the free usage of the PEUKA App, liability follows statutory warranty provisions.

(3) Defects within the framework of paid parking space rental are processed between the landlord and tenant. You are required to inform us (service@peuka.com) and the landlord immediately in text form and with a clearly recognizable photo of the arising defects.

(4) PEUKA is not obliged to secure users' data and offers no contractual assurances, guarantees, or warranties beyond statutory rules, unless otherwise agreed in individual cases. PEUKA is not liable for the attainment of a desired result the user wishes to achieve by using the PEUKA App. PEUKA provides no guarantee for the correctness of content provided by users.

(5) We cannot technically verify with certainty whether a user registered in the PEUKA App truly has the identity they claim to have. Therefore, we cannot guarantee the users' correct identity.

(6) In other respects, PEUKA is liable for contractual and other claims of the user only for damages of the user (1) that PEUKA, its legal representatives, or agents caused intentionally or with gross negligence, (2) from injury to life, body, or health based on a breach of duty by PEUKA or its legal representatives or agents, (3) in cases of liability under the Product Liability Act, the assumption of a guarantee, or due to fraudulent deception and (4) caused by breacking an obligation fulfillment, which allows the regular execution of the contract and upon which the user regularly trusts and may rely (so-called cardinal duty).

(7) In the cases of (1), (2), and (3) of the preceding para. 6, liability is unlimited. Otherwise, liability is limited to typical foreseeable damage.

(8) In cases other than those in para. 6 and 7, independent of the next paragraph, PEUKA's liability is excluded regardless of the legal ground.

(9) The foregoing limitations of liability apply accordingly to PEUKA's bodies, employees, and agents.

§ 14 Applicable Law, Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory rules especially those of the state in which the user has their habitual residence as a consumer remain unaffected.

(2) The agreed jurisdiction for all disputes arising from the contractual relationship between the user and PEUKA is the registered office of PEUKA if the user is a merchant, a legal entity under public law, or a special fund under public law. This does not affect PEUKA's right to also sue the user at their legal venue.

§ 15 Final Provisions, Miscellaneous

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

(2) Should individual provisions of these terms be invalid or become so and/or contradict statutory regulations, this does not affect the validity of the other terms. The invalid provision shall be replaced by the contractual parties with such a valid provision that comes closest to the economic purpose of the invalid provision in a legally effective way. The same applies to regulatory gaps.

(3) Information on dispute resolution: The EU Commission offers an online dispute resolution platform available at https://consumer-redress.ec.europa.eu/index_de.

(4) PEUKA is neither obligated nor willing to participate in dispute settlement proceedings before a consumer arbitration board.