Terms & Conditions
Our Terms and Conditions
General Terms and Conditions of ParkGuard Solutions GmbH and FalschParker
Version: 8 October 2026 — supersedes all previous versions
Key information at a glance
These General Terms and Conditions (Allgemeine Geschäftsbedingungen, hereinafter "Terms") govern the use of FalschParker, the associated websites and the related services of ParkGuard Solutions GmbH (hereinafter "ParkGuard" or "we").
FalschParker enables private users and business customers to report, document and process breaches of the terms of use of private parking areas. Via the platform, contractual penalties can be triggered, parking areas managed, cases processed and further services commissioned.
ParkGuard provides the technical platform as well as the associated documentation, processing, payment and support processes. Physical parking enforcement and towing services, where commissioned, are provided by ParkGuard itself or by independent external partner companies (see Clause 5).
Please read these Terms carefully. They contain important information on the use of the platform, the rights and obligations of users and responsibility when reporting and processing violations.
You are entering into a contract with ParkGuard Solutions GmbH, Greifswalder Straße 226, 10405 Berlin, Germany, a limited liability company (Gesellschaft mit beschränkter Haftung) under German law.
1. Scope
These Terms govern the use of FalschParker, the websites and the related services of ParkGuard Solutions GmbH.
The platform may be used by private users and by business customers, in particular owners, tenants, property management companies or facility service providers.
Via the platform, violations can be reported, documented and processed, and contractual penalties can be triggered or managed.
2. Users and business customers
Users within the meaning of these Terms are all persons who use FalschParker, the website or ParkGuard's services. This includes private users as well as business customers, for example property owners, property management companies, tenants, facility service providers, companies or other authorised clients.
Additional or deviating individual agreements may apply to business customers, in particular regarding parking enforcement, refunds, invoicing, responsibilities, additional effort and termination. Such individual agreements take precedence over these Terms insofar as they expressly contain deviating provisions.
3. Right of use
The user confirms that they are entitled to use, manage or have monitored the reported parking spaces, parking areas or private properties.
The user ensures that the ownership, tenancy, usage or management arrangements for the areas concerned have been clarified and that they are not aware of any circumstances that would prevent the reporting, monitoring or enforcement of violations.
ParkGuard may rely on the information provided by the user and is not obliged to verify ownership, tenancy, usage or management arrangements independently and comprehensively.
4. Using the platform
Users can record and document violations via the platform and submit them for processing.
If a user records a report via the platform, they are responsible for the accuracy and completeness of their information. This applies in particular to information about the parking area, the right of use, signage, the terms of use of the parking area, vehicles and the specific incident.
ParkGuard processes cases on the basis of the information provided and the documentation submitted by the user.
5. Physical parking enforcement and towing services
On request, ParkGuard can organise and provide physical parking enforcement and towing services.
Physical on-site parking enforcement is generally carried out by ParkGuard's own staff ("ParkGuards"). They record and document violations on site via the platform.
Towing services are provided either by ParkGuard with its own vehicles and staff or by independent towing companies (hereinafter "partner companies"). Which option is chosen in an individual case depends in particular on availability, location and the type of order.
If ParkGuard uses its own vehicles and staff, ParkGuard carries out the towing order itself and under its own responsibility.
Where partner companies are used, they handle and carry out the respective order triggered via the platform independently. ParkGuard selects partner companies with due care and forwards the information required to fulfil the order, in particular location, number plate and case details, to the respective partner company. The actual execution of the towing order is thereafter the responsibility of the partner company.
Liability for both execution options is governed by Clause 17.
If physical parking enforcement is carried out on the direct instruction of a client, it is based on the information, terms of use, authorisation lists, plans and instructions provided by the client. The client is responsible for ensuring that this information is complete, correct and up to date.
6. Camera-based recording of parking violations (CCTV)
For certain clients, parking violations are recorded and documented by means of stationary video surveillance (CCTV). The camera surveillance is operated either by the client itself or by camera systems provided by ParkGuard. On the basis of the recordings, parking violations can be established and a contractual penalty triggered.
The operator of the respective camera is responsible for clearly marking the video surveillance on site with clearly visible notices and for complying with the applicable data protection regulations, in particular the General Data Protection Regulation (Datenschutz-Grundverordnung, DSGVO) and the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG). The recordings are evaluated exclusively for the purpose of establishing and documenting parking violations.
Further information on the processing of video data can be found in the privacy policy of ParkGuard Solutions GmbH.
7. Parking violations and contractual penalty
The terms of use of a private parking area are made known by a clearly visible sign at the entrance. Anyone who parks their vehicle in the parking area accepts these terms of use; they become part of the contract in accordance with Sections 305 et seq. of the German Civil Code (Bürgerliches Gesetzbuch, BGB), provided they were clearly recognisable before the vehicle was parked.
In the event of breaches of these terms of use, a contractual penalty (Vertragsstrafe) within the meaning of Sections 339 et seq. BGB may be charged. The amount of the contractual penalty is shown on the sign at the entrance or in the app. It must be reasonable and must not unreasonably disadvantage the driver (Section 307 BGB).
Parking a vehicle on private land without authorisation constitutes unlawful interference with possession (verbotene Eigenmacht, Section 858 BGB). The entitled party may defend itself against this by way of self-help and have the vehicle towed away (Section 859 BGB). The towing costs can only be claimed from the person responsible at the customary local rate (Federal Court of Justice (BGH), judgment of 04.07.2014 – V ZR 229/13).
The contractual penalty can be triggered by the user via the platform, recorded on site by a ParkGuard or documented by means of camera surveillance and then processed by ParkGuard. On-site checks are generally carried out by ParkGuard's own staff ("ParkGuards").
ParkGuard supports the documentation, processing, invoicing and enforcement of such cases, insofar as this is provided for via the platform or under an agreement.
8. Assignment of claims (Sections 398 et seq. BGB)
The recording and processing of cases via the platform requires the user to assign the corresponding claims to ParkGuard in accordance with Sections 398 et seq. BGB (Abtretung). For this purpose, every user signs a declaration of assignment (assignment agreement) by digital signature upon registration. Without a signed declaration of assignment, no cases can be recorded and no claims asserted via the platform.
By virtue of this assignment, ParkGuard is entitled to assert the assigned claims in its own name and for its own account. The scope, place and further details of the assignment are governed by the respective signed declaration of assignment and any supplementary individual agreements, in particular with business customers.
In the event of discrepancies between these Terms and the signed declaration of assignment, the declaration of assignment takes precedence with regard to the assignment of claims.
9. Refund
If individually agreed, property owners, property management companies or other authorised clients may receive a refund for paid contractual penalties.
The amount, conditions and payment terms of the refund are agreed individually. There is only an entitlement to a refund if this has been expressly agreed.
10. Documentation and signage
ParkGuard documents reported incidents in an appropriate manner. This may include, in particular, photos, video recordings, time stamps, location data, details of the incident and other relevant information. For the obligation to mark video surveillance, see Clause 6.
A prerequisite for charging a contractual penalty is proper signage: a clearly visible and legible sign must be placed at the entrance of the parking area stating the terms of use of the parking area and the amount of the contractual penalty, so that the driver can take note of them before parking the vehicle. The signage may be noted when processing and documenting a case.
The user is responsible for ensuring that the information on the parking area, the signage, the applicable terms of use and the amount of the contractual penalty is correct, complete and up to date, and that the signage on site meets the above requirements.
11. Objections and challenges by the vehicle keeper
Vehicle keepers or affected persons may raise objections (Einwendungen) to a claim and challenge it (Widerspruch). Objections should, where possible, be raised in text form within 10 working days of receipt of an invoice or payment request; the statutory rights of the persons concerned remain unaffected.
Objections and challenges can be submitted via the website www.falschparker.io or by e-mail to support@falschparker.io. ParkGuard reviews them on the basis of the available documentation and information.
12. Responsibility for incorrect or incomplete information
The user is responsible for the accuracy and completeness of their information, in particular regarding the parking area, right of use, signage, amount of the contractual penalty, authorisation lists, recorded vehicles and individual violations.
If the user provides false, incomplete or misleading information or omits material information, they bear the resulting consequences, in particular refund claims, additional investigations, official or court proceedings and the resulting reasonable additional effort.
ParkGuard is entitled to invoice such additional effort to the responsible user or client insofar as it was culpably caused by false, incomplete or misleading information or by a lack of cooperation.
13. Protection against misuse of the platform
The platform may be used exclusively for lawful and justified reports. Impermissible use includes, in particular, reporting or monitoring parking areas if the user is not authorised to do so or is aware that the usage, ownership or management arrangements are unclear.
Also impermissible are false, abusive or misleading reports and the use of the platform to enforce obviously unfounded or unlawful claims.
In the event of misuse, unclear authorisations or reasonable suspicion of unauthorised use, ParkGuard may reject individual cases, pause ongoing processing, defer claims or temporarily or permanently block access to the platform.
14. No guarantee of successful enforcement
ParkGuard supports the documentation, processing and enforcement of violations. However, there is no guarantee that a contractual penalty or other measures can be successfully enforced in every case.
This applies in particular if objections are raised, information is incomplete, authorisations are unclear or authorities or courts reach a different assessment.
15. Costs
For business customers and private users, use of FalschParker is generally free of charge unless expressly agreed otherwise.
Additional fees may be incurred for certain official enquiries, in particular vehicle keeper enquiries. Insofar as legally permissible, these fees are passed on to the vehicle keeper or the person responsible. The amount of such fees depends on the respective official requirements.
16. Access to vehicles and parking areas
If towing, enforcement or other on-site services are commissioned, the user or client undertakes to provide the necessary access to the parking area or vehicle concerned so that the service can be provided safely and lawfully by ParkGuard with its own staff or by the commissioned partner company.
17. Liability
ParkGuard is not liable for damage, losses or other incidents that already existed before an inspection, report or towing operation.
Nor is ParkGuard liable for damage caused by unauthorised parking, by false or incomplete information from the user or client, or by unclear authorisation arrangements, insofar as ParkGuard is not responsible for these.
If ParkGuard carries out a towing operation with its own vehicles and staff, ParkGuard is liable for damage caused in the process in accordance with the statutory provisions, within the scope of the following liability provisions.
If towing services are provided by partner companies, ParkGuard is liable for the careful selection and referral in accordance with Clause 5. The respective partner company is liable for damage it causes itself when carrying out the towing order.
ParkGuard has unlimited liability for intent and gross negligence, for damage resulting from injury to life, body or health, and under the provisions of the German Product Liability Act (Produkthaftungsgesetz).
In the case of slight negligence, ParkGuard is only liable for breach of an essential contractual obligation (Kardinalpflicht), i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded. Otherwise, liability for slight negligence is excluded.
The above limitations of liability also apply in favour of ParkGuard's staff, representatives and vicarious agents.
18. Platform availability
ParkGuard endeavours to ensure reliable availability of the platform. However, technical, operational or security-related restrictions may occur. ParkGuard does not guarantee that the platform will be available at all times without interruption, free of errors or in full.
19. Additional product: Fuel theft (only for petrol station operators)
The "Fuel theft" (Tankflucht) product is aimed exclusively at petrol station operators. This clause is not relevant to all other users and business customers of the platform.
Within the scope of this product, ParkGuard processes cases in which customers do not pay for fuel they have filled up at a petrol station. If a petrol station reports such an incident via the platform, ParkGuard documents and processes the case in accordance with the principles of Clauses 7 and 8, in particular on the basis of the assignment of claims. In addition to the outstanding invoice amount for the fuel, reasonable processing and legal enforcement costs may be claimed insofar as they are legally recoverable.
Processing is based on the information and evidence provided by the petrol station, in particular the number plate, time, quantity and amount of the refuelling.
20. Data protection
ParkGuard processes personal data in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG), and in accordance with the privacy policy of ParkGuard Solutions GmbH, available at www.falschparker.io.
21. Changes to the Terms and Conditions
ParkGuard may amend these Terms with effect for the future. Material changes will be announced on the website and/or in the app at least 30 days before they take effect.
If a business customer does not object to a material change within 30 days, the change is deemed accepted; ParkGuard will specifically draw the business customer's attention to this consequence in the announcement. If an objection is made in due form and time, the previous Terms continue to apply until the ordinary termination of the respective individual agreement; in this case, ParkGuard is entitled to terminate the individual agreement subject to the contractually agreed notice period.
22. Severability clause
Should any provision of these Terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions.
23. Applicable law and jurisdiction
These Terms are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If the user is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with these Terms is Berlin. For consumers, the statutory place of jurisdiction applies.
Contact
ParkGuard Solutions GmbH
Greifswalder Straße 226
10405 Berlin
Germany
Represented by the managing director Ivan Claude Dante Echardour
Amtsgericht Charlottenburg (Berlin District Court), HRB 284005 B
Phone: +49 30 22046743
E-mail: support@falschparker.io