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A parking garage cannot function without proper parking regulations. With these, the operator establishes the rules of use and—crucially—liability. Without regulations, you may be held responsible for damage or theft in your garage, whereas with good terms and conditions, you can limit this within reasonable limits.
Why parking regulations?
As an operator of a parking garage, you admit many cars and visitors every day. Anything can happen: damage to vehicles, theft, accidents, or non-payment. Parking regulations—essentially your general terms and conditions for parking—set the rules and protect you against unnecessary liability.
Not safekeeping, but use
It is important to make clear that you are providing a parking space and are not taking the car into custody. This prevents you from acting as a custodian and being held responsible for the vehicle. Document this explicitly to avoid any misunderstanding regarding your responsibility.
Limit liability within the limits
In the regulations, you limit your liability for damage and theft within legal limits. You cannot exclude liability indefinitely — certainly not for intent or conscious recklessness, and additional limits apply to consumers — but a balanced exoneration significantly limits your risk.
Also regulate rates, use, and enforcement
Include in the regulations: the rates and payment, the rules of use (such as maximum speed and conduct), what applies in the event of a lost ticket, and how you enforce the rules regarding violations or non-payment. Ensure that the regulations are visible and clearly communicated so that they apply to every user.
Frequently Asked Questions
Am I liable for damage to cars in my garage?
Not automatically, provided you make it clear that you are not offering safekeeping and limit your liability within the limits set out in your regulations.
May I exclude all liability?
No. Not for intent or conscious recklessness, and additional limits apply to consumers. A balanced exemption holds up best.
How do I ensure my regulations apply?
Make it visible and clear (for example, at the entrance and on the ticket), so that it applies to every user.
Drafting comprehensive parking regulations?
Our legal experts draft your parking regulations and general terms and conditions . View our contract lawteam or schedule a free consultation.
