Terms of Use Smart Web Pay
1 Terms of Use
Please read these Terms of Use carefully and agree to them before you continue to use this application. If you do not agree to these terms of use, you may not use the application.
This application is operated by Scheidt & Bachmann GmbH, a company with its registered seat at Breite Straße 132, 41238 Mönchengladbach, Germany, HRB 2125 Register Court Mönchengladbach, hereinafter referred to as "Scheidt & Bachmann". For the avoidance of doubt, the contract regarding the usage of the parking area is concluded directly between you and the parking management company. Scheidt & Bachmann acts as technical service provider and provides this web application.
2. Scope of service
This application enables the subsequent, cashless processing of the payment transaction.
Payment via this application works as follows: Open the website and choose the country and city where you have parked, enter the license plate number and click “NEXT STEP”. The parking transactions and due fees are displayed. Select one or several parking transactions with the same parking operator and click “NEXT STEP”. The available payment methods are displayed. Choose the desired payment method, fill-in your email address to receive a payment receipt (optional) and agree to the Terms & Conditions of the operator. By clicking the button "PAY NOW" you will be redirected to the Payment Service Provider application, where you can complete the payment process. Upon successful payment, the application displays that your parking ticket has been paid for.
It is mandatory that an internet connection is available (web application).
3. User Obligations
You are solely responsible for the proper payment of any parking fees due to the participating parking management company. In particular, it you must ensure that the selected payment method is valid and covered in the corresponding amount or that a sufficiently large credit line has been granted.
4. Operation of the Application / WARRANTY DISCLAIMER
Scheidt & Bachmann will endeavour to offer this application as uninterrupted as possible. Even with the greatest possible care, failures of this application cannot be excluded. SCHEIDT & BACHMANN DOES NOT GUARANTEE THAT THIS APPLICATION WILL BE AVAILABLE WITHOUT RESTRICTION AS A PAYMENT OPTION; IN PARTICULAR SCHEIDT & BACHMANN DOES NOT GUARANTEE THE EXISTENCE OF AN INTERNET CONNECTION, CONTINUOUS ACCESSIBILITY OR UNINTERRUPTED USE OF THE WEBSITE.
5. Permitted Use
This application may only be used for the payment function mentioned under point 2. Any other use of this application or parts thereof is prohibited without the written consent of Scheidt & Bachmann.
6. Intellectual Property
This application and the materials contained therein, such as texts, images, graphics and sounds, are protected by copyright and/or other intellectual property rights. All copyrights and/or other intellectual property rights in these materials are owned by Scheidt & Bachmann or its licensors.
This application also contains trademarks which belong to Scheidt & Bachmann or whose owners have granted Scheidt & Bachmann a right to use them in this application.
7. Other Websites or Applications
This application contains links to external websites or applications of third parties, such as Payvision B.V.,Molenpad 2, 1016 GM Amsterdam, The Netherlands, Chamber of Commerce number 37078111; Planet Payment Group Holdings Ltd., Martin House, IDA Business Park, Dangan, Galway, H91 A06C, Ireland Company Registration number: 160005; First Data GmbH, Marienbader Platz 1, 61348 Bad Homburg v. d. Höhe, Germany, Court of Registration Bad Homburg v. d. Höhe HRB 14567; TrustCommerce, 1 MacArthur Place, Suite 400, South Coast Metro, CA 92707-5927, United States. To simplify navigation and use of this application, the external website/application is displayed within the frame of this application. Use of the external website/application is subject to the respective applicable terms and conditions and data privacy agreements of the external website/application.
By using the respective payment service, you agree to the respective terms and conditions stated on the respective payment service provider’s website. Scheidt & Bachmann does not accept any responsibility or liability for external websites.
You may not link to this application without the express written consent of Scheidt & Bachmann.
8. Changes to the terms of use
Scheidt & Bachmann may change these terms of use at any time for the future. Any use of this application is based on the current terms of use.
9. Data Security
Personal data being processed by Scheidt & Bachmann through this application will only be used in accordance with the Privacy Policy. Please read the Privacy Policy carefully before continuing to use this application.
10. DISCLAIMER OF LIABILITY
SCHEIDT & BACHMANN’s Liability is limited as follows:
SCHEIDT & BACHMANN IS ONLY LIABLE FOR DAMAGES RESULTING FROM A DEFECT IN THIS APPLICATION OR THE SERVICES (MATERIAL DEFECTS) OR A DEFECT IN TITLE IN THE CASE OF FRAUDULENT CONCEALMENT OF THE DEFECT; THIS ALSO APPLIES TO CONSEQUENTIAL DAMAGES, INDIRECT DAMAGES AND LOSS OF PROFIT. IN ALL OTHER CASES, SCHEIDT & BACHMANN IS ONLY LIABLE IN CASE OF INTENT; GROSS NEGLIGENCE OR IN THE EVENT OF A BREACH OF AN ESSENTIAL CONTRACTUAL OBLIGATION. CLAIMS ARISING FROM PRODUCT LIABILITY LAW OR OTHER MANDATORY LEGAL PROVISIONS AS WELL AS IN THE CASE OF THE EXPRESS ASSUMPTION OF A GUARANTEE REMAIN UNAFFECTED BY THE ABOVE LIMITATIONS OF LIABILITY. ANY FURTHER LIABILITY IS EXCLUDED.
11. Final clauses
These terms of use are subject to German law. The German courts shall have exclusive jurisdiction for any disputes arising in connection with these Terms of Use or in connection with the application.
The EU Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr . Scheidt & Bachmann is neither willing nor obliged to participate in a dispute resolution procedure before any consumer arbitration board.