Terms and Conditions

Parkker is a mobile application (hereinafter referred to as the “App”) that can be used to book parking spaces (including any additional services) from parking facilities Owners or Operators in certain properties. SM Solutions AG (hereinafter referred to as “Parkker”) acts only as an intermediary in the booking process.
The actual parking process happens directly between the owner/operator of the respective property and the App user.
These General Terms and Conditions (hereinafter referred to as the “GTCs”) shall be deemed to be an integral part of the booking agreement. Use of the App implies consent to these GTCs.

Within the building or on the land where the parking space is rented, the Swiss Road Traffic Act (STA) of 19 December 1958 and the corresponding ordinances apply, unless otherwise agreed.

Vehicles may only be parked within the parking spaces and time frame period reserved by the user via Parkker app. The parking spaces must be vacated immediately at the end of the booking period, prolongation is subject to a standard fee defined by Parking Owner/Operators for their facilities. Vehicles that are parked illegally or obstructing traffic may be removed or clamped, with release subject to a fee. It is forbidden to linger in indoor car parks or on land intended for parking and to use the parking spaces and facilities for any other purposes (e.g., storing goods, repairing or washing cars, causing pollution, using playground or sports equipment). The distribution of advertising materials and posting posters in indoor car parks or on parking land are prohibited. Smoking in indoor car parks or on parking land is prohibited. The instructions issued by Parkker or the Owner/Operator of the respective property or its management must be followed. By reserving or booking a parking space, the user accepts the rules applicable to the car park concerned. In the event of any conflict, general terms and conditions shall prevail. Parkker has the right to make recordings of the users' license plates and store them. Parkker or the respective owner or its management of the parking garage is entitled to charge those responsible for any expenses incurred due to non-compliance with these regulations. Accidents involving personal injury must be reported to the police. Damage and defects in indoor car parks or on parking land and their facilities (barriers, ticket machines, QR code stickers, lifts, lighting, signals, etc.) must be reported to Parkker or to the management responsible. Parkker has the right to block the use of the app at any time.

Short-term parking (from a few hours to maximum of 7 days) The user makes a booking for a defined time period for the required parking space and prepays the booking. The reservation request is immediately collected to be sent to a parking garage Owner/Operator about the upcoming customer. Upon prepayment within the App, the user receives a reservation confirmation for a specific parking space for the required period. To access the parking lot, the license plate number must be stored in the application. Several license plates can be stored for one user. However, only one vehicle per rented parking space may be in the parking garage. If the rental confirmation refers to a fixed parking space with a parking space number, it is binding. Parking outside this parking lot is not allowed.Parkker can offer QR code scanner or automatic recognition of license plates. In this case, the rental relationship is started with the recognition of the license plate number on the occasion of entry and terminated with the recognition on exit.In order to terminate the booking relationship, if no overstay, the user departs from the parking garage by scanning the QR code or using the license plate recognition system. In case of overstay, the user must pay the rate incurred for the corresponding rental period, which will be charged through the app accordingly; only after that user will be able to exit the parking using the QR code or the license plate recognition system of a garage. Parkker is entitled to terminate or cancel bookings at any time for reasonable cause. The current version of the app does not allow booking cancellations. No compensation for the booking (full or partial refund) is possible in case of your cancellation or no-show. For the booking options of 3,5,7 days, only one entry and one exit scenario is prescribed. If the user takes the car from the parking before the end of its booking period, the booking is considered terminated, no reimbursement will be made for the time period the user didn’t stay.

The fees are charged by Parkker, or on behalf of another owner. Fees include Parkker service charge for booking and a transaction fee. The app is not responsible and does not calculate the user's bank's exchange rate or banking fees.
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5.1.
      Short-term parking Fees are based on the uninterrupted rental period. Basic and daily rates apply: The daily fees for parking have a fixed price depending on the selected usage        model.The basic rate applies per hour for every overstay and is defined by each parking owner/operator for each of their parking properties and is indicated in the App on       “details” page for each parking. The fees include the legally owed value-added tax. Rates may vary depending on the parking space.

Parkker uses promo codes to provide customer benefits (e.g., free parking time) as part of marketing promotions, customer benefit programs or as part of products. These may be offered by Parkker or together with partner companies. The promo code is announced to the customers and can be used by them on the platform. The promo code must be entered in the field provided for this purpose before the start of the booking. The promo code will then be verified by Parkker. The validity of the promo codes issued may be limited in time. The validity period is defined in the corresponding offer. The promo code cannot be combined with other vouchers or discounts. For some offers, the promo code can only be used with the mobile phone number used for the first time and, therefore, cannot be transferred. A phone number change is only possible via the customer support form within the App. By using the promo code, you accept Parkker’s terms and conditions. Parkker reserves the right to unilaterally change the terms and conditions of the promo codes or stop issuing them at any time. In case of improper use, they may be rejected in accordance with our Fair Use Policy.
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Promo code Fair Use Policy:

Parking spaces (including any additional services) are provided at the user’s own responsibility and risk. Vehicles and persons are not guarded.Parkker accepts no liability for accidents, personal injury or damage to property.Parkker accepts no liability for theft or damage to property by third parties or for damage caused by external influences (fire, explosion, water, ice, snow, etc.). The landlord shall be liable for all damage occurring within the framework of the booking agreement.Parkker accepts no liability whatsoever for the availability of the parking space and any associated consequential costs. This applies in particular if the parking space is illegally occupied.

The installation and use of the App are carried out at your own risk. Parkker does not provide any warranty for the App, and does not offer support. Parkker does not guarantee that the App and the services will be functioning or available at all times without errors or interruptions or that errors will be rectified.To the extent permitted by law, Parkker disclaims any liability for the accuracy, adequacy and timeliness of the information provided via the App or made available on Parkker or third-party digital and/or offline platforms. In particular, Parkker accepts no responsibility or liability whatsoever for actions taken or not taken on the basis of this information. The App may contain hyperlinks to third-party websites that are not operated by Parkker. Accessing such hyperlinks is done at the user’s own risk. The user accepts that Parkker is not responsible or liable for checking or evaluating the content of these third-party websites. The content of third-party websites does not necessarily reflect the opinion of Parkker. Parkker accepts no liability for the content of such third-party websites.To the extent permitted by law, Parkker disclaims any liability for inherent risks on the Internet.
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This includes in particular:
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The user shall be liable fully and without limitation to Parkker for all violations of these GTCs. The user undertakes to indemnify Parkker for all claims made against it in connection with violations of these GTCs.

Parkker grants the user the limited, non-transferable, non-exclusive right to use the App and the services offered therein. The rights of ownership and copyrights to all content remain entirely with Parkker. All associated rights with regard to reproduction, marketing, and distribution (including rental, lending, leasing, and licensing), as well as ownership of the App, shall remain exclusively with Parkker.

By using the App, the user grants Parkker the free, irrevocable, unrestricted, unlimited, and non-exclusive right to use, reproduce, modify, adapt, publish, translate, distribute, and display all remarks, suggestions for improvement, comments, ideas, images, and graphics, as well as all other information transmitted to Parkker through this App.

These GTCs may be modified by Parkker at any time at its own discretion. By continuing to use the App following a change to the GTCs, the user accepts the changes in full and without reservation. Parkker undertakes to draw attention to any changes of use.

In the event of ambiguities in the various language versions of the GTCs, the English version shall prevail.

The booking/rental agreement and the use of the application are governed exclusively by Swiss law. Geneva is the place of jurisdiction for all legal disputes arising from the rental agreement.

Should any of the above provisions violate applicable law, this shall not affect the validity of the remaining provisions. In this event, the invalid provision shall be replaced by a legally compliant one that comes as close as possible to the original provision in terms of meaning.