General Terms of Use Peuka

As of: 03.01.2024

§ 1 Scope, Conclusion of Contract/Registration, Amendment of General Terms of Use

(1) Peuka GmbH, represented by managing directors Malte Wussow, Christopher Gruber, Schauenburgerstraße 116, 24118 Kiel, Germany, E-mail: info@peuka.com (hereinafter: "Peuka") is the developer and operator of a parking platform, which is available as an app (hereinafter: "Peuka App" or "App"), downloadable at app.peuka.com and in the available stores for mobile applications (hereinafter "App Stores"), and can be used via various interfaces. The Peuka App offers you (hereinafter "User," "Tenant," or "Landlord") the opportunity, within the framework of a service contract, to use our parking platform for renting out or renting parking spaces in accordance with the provisions of these terms of use.

(2) These terms of use conclusively contain the conditions applicable between Peuka and the user for the use of the Peuka App and the services contained therein. Regulations deviating from these terms of use are only valid if they are confirmed in writing by Peuka. Deviating general terms and conditions of the user will not become part of the contract, even if Peuka does not expressly object to them.

(3) Before downloading the Peuka App, you are obliged to expressly agree to these General Terms of Use and to register with Peuka.

(4) The contract is concluded by Peuka's confirmation of the user's registration ("Registration"). Peuka may also declare the confirmation of registration by activating the respective offer. Peuka reserves the right to reject registrations at its own discretion and without stating reasons; there is no right to conclude a user agreement. Peuka also reserves the right to request further information and proof for the purpose of verifying the users' data during registration or use of the Peuka App, as well as for the payout of rental income (e.g., copy of identity card, passport or driver's license or proof of address in the form of a rental agreement or an official registration certificate).

(5) A contract can only be concluded if the user has unlimited legal capacity or acts with the consent of his legal representative. In any case, he must have reached the age of 18.

(6) Peuka is entitled to amend these General Terms of Use, provided that the user agrees to the amendment. Acceptance of the terms of use valid at the time of use is required for continued use of the Peuka App and the parking platform.

§ 2 Peuka Services, Exclusion of Use, Scope of Services

(1) The Peuka App includes a platform that enables consumers and businesses to rent out and rent parking spaces, driveways, and other types of parking facilities on a short-term basis (less than one month) and a long-term basis (more than one month), as well as to rent out and rent parking spaces, shelters, winter storage spaces, etc., for motorhomes, cars, classic cars, convertibles, motorcycles, boats, etc. The Peuka App features an integrated, automated messaging system to simplify communication between tenant and landlord, as well as extensive functionalities for managing and monitoring all ongoing business transactions and processing payments.

(2) Peuka itself does not offer parking spaces, pitches or other spaces for a fee, but merely provides a marketplace via its parking platform where tenants and landlords can find each other and conclude contracts. Peuka will at no time be a party to a contract or any other agreement concluded between the users. Users are solely responsible for compliance with legal requirements in the context of concluding contracts via the Peuka App. Actions taken using a user's respective login are generally attributable to the user. Users are responsible for all declarations of intent they make on the platform themselves. They are liable for declarations made by third parties under the user's customer account to a foreseeable extent according to the principles of a contract with protective effect for third parties.

(3) Peuka's services include, but are not limited to: (a) providing the usability of the Peuka App after user registration; (b) enabling negotiations and contract conclusions via the Peuka App through offers initiated by users; (c) creating information and communication opportunities among users or contracting parties.

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

§ 3 Rental of Parking Spaces

(1) As a landlord, you must specify the exact address and the desired parking fee (per 24 hours or for long-term spaces per month) as well as the period for which your parking space(s) are to be offered for rent on Peuka's parking platform. Peuka automatically calculates your parking fee for the tenant's booked time upon a tenant's booking. The landlord is entitled to change the parking fees at any time, but always only for the future. A change in price does not affect the fees of rental agreements already concluded previously.

(2) For the specific rental, you must also provide details on the time availability (date, period) of your parking space(s). Availability can only be created for a specific period in advance (currently: 6 months in advance) or the availability you enter will only be displayed to tenants from a specific period in advance.

(3) The posting of availability by you as a landlord constitutes – unless otherwise agreed – a binding offer to other users for the conclusion of a rental agreement for the parking space. However, you can change or remove the offer at any time until a specific booking is made. The tenant accepts your offer bindingly by initiating the booking process. Once a tenant has booked the parking space within the availabilities you specified, you can no longer withdraw the offer. In exceptional cases, however, you can contact us at service@peuka.com and we will try to find a solution for you together with the tenant. Please note, however, that you have no right to cancel the parking space after booking.

(4) In exceptional cases, for you as the landlord of long-term spaces, preparatory measures for the parking process are necessary (e.g., opening gates, key handover, etc.). You can indicate this when creating your parking space in the corresponding parking space description. After a tenant books your parking space, they can contact you via Peuka's parking platform, just as you can contact the tenant. All necessary details for the parking process must then be discussed with the tenant.

(5) As a landlord, you can offer your space for vehicles such as motorhomes, motorcycles, or boats in addition to cars, and you can also specify if an existing charging station (e.g., for electric vehicles) can be used during the rental period. In your booking ad, you can select which type of vehicle your space is suitable for and should be offered. The tenant is also obliged to specify which type of vehicle they are booking with.

(6) Under certain conditions, the registered user may cancel a booked parking space offered by you, with a refund of the rental fee received by you; details can be found in § 4 of these terms of use.

(7) You, as the landlord, assure that you have full disposal of the offered parking space(s) and any charging facilities, and confirm and guarantee that the offers you post and the booking of the same do not violate any agreements you have concluded with third parties, in particular that you are authorized to sublet.

(8) As a landlord, you must in any case ensure that the area to be rented is suitable as a parking facility. You must expect a temporary, short-term rental within the availabilities you have set and ensure that the parking space is accessible according to the description.

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

(10) The successful conclusion of a rental agreement will be confirmed to you via the Peuka App or, if the rental agreement is concluded via the website, by e-mail.

(11) The Peuka app provides every user with receipts for individual booking processes. These are a service provided by PEUKA and are not legally binding. You may need to pay taxes on your rental income - therefore, please contact a tax professional for all tax matters.

§ 4 Rental of Parking Spaces; Flat-Rate Damages for Exceeding Parking Time; Cancellation

(1) Within the PEUKA App or website, you can search for parking spaces near you or in a specific area spontaneously or in advance and then book them; the stated prices (rental fees) are gross prices including the currently applicable statutory VAT and may be rounded by PEUKA (i.e., for short-term spaces, the landlord indicates the price per 24 hours, we show you as a customer a price per hour, which is rounded to cents accordingly). By selecting a parking space, entering the license plate number of the car you wish to park with and the desired parking period, and then clicking the "Rent now for a fee" button, you submit a binding declaration and a rental agreement between you and the respective landlord is concluded (hereinafter "Booking"). Alternatively, PEUKA also offers the possibility to book, in addition to cars, for example, pitches for motorhomes, motorcycles, or boats on the specially offered areas by users. The landlord then marks his parking spaces accordingly. The tenant can specify the type of vehicle he wishes to park when booking.

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

(3) If the landlord provides additional terms and conditions of his own, you as the tenant must also accept these as part of the booking process. You will be expressly informed of this as the tenant.

(4) During the booking process, you will be redirected to payment processing so that you can pay the rental fee for the parking space agreed upon with the landlord. PEUKA will confirm your successful booking of a parking space in the app. Payment processing is carried out using the payment service provider MANGOPAY SA, whose general terms of use (https://www.mangopay.com/terms/MANGOPAY_Terms-DE.pdf) must be accepted by users.

(5) Every tenant must ensure that their vehicle is removed from the booked parking space before the booked parking time expires. In case of exceeding parking times, users may be blocked from further use of the parking space mediation service. Furthermore, the landlord can demand from the tenant six times the agreed price per hour for each commenced hour of exceeding, but at least €15.00, plus a one-time fee of €0.29, plus a reminder fee in case of default of payment. The processing fee for the involvement of PEUKA to be paid from this is €3.89. The exceeding of the parking time must be proven to PEUKA by means of a photograph of the over-parked vehicle, on which the license plate is clearly visible. The report of the parking time exceeding is made directly via the PEUKA App. The tenant is permitted to prove that the landlord incurred no damage as a result of exceeding the agreed parking time or that this damage is significantly lower than the flat rate. Parking times exceeded without fault are excluded from the obligation to pay damages; the burden of proof for the absence 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) By using the PEUKA App / parking platform at app.peuka.com, you are entitled to declare the waiver of the use of the booked parking space (hereinafter: "Cancellation"), which extinguishes the right of use for the booked parking space. In the event of a cancellation before the start of the rental period, the rental fee will be refunded to you in whole or in part, depending on the time of cancellation, as follows:

(a) For cancellations at least four weeks before the start of the rental, the entire rental fee will be refunded, with the exception of 29 cents;

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

(c) For cancellations made at least 24 hours before the start of the rental, 50% of the rental fee will be refunded;

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

The deadlines depend on the time of the start of the rental and the cancellation made, so that, for example, for an agreed rental start at 9:00 AM on October 30th of a year, the weekly deadline of letter (b) on October 23rd of the same year can only be met until 9:00 AM, and cancellations from 9:01 AM fall under letter (c).

(7) Should you have been given keys or access cards, etc., for the purpose of carrying out the rental, you are obliged to return them. Where and how you can return the keys etc. will be described in detail in the respective advertisement of the specific parking space.

(8) As a tenant, you are obliged to observe the road traffic regulations. If the parking space has not been released by the landlord for other vehicles, you may only park cars with a valid road registration there; in particular, this means that you can only park registered cars with a valid road registration in short-term parking spaces, while in long-term parking spaces, with the landlord's consent, you can also park unregistered cars or currently unregistered cars with seasonal license plates. Please pay attention to the landlord's description. You are also obliged to avoid unnecessary idling of engines and other odor and noise nuisances. Washing the vehicle in the parking spaces is not allowed, unless expressly permitted by the landlord. Any oil stains must be removed by you.

(9) PEUKA expressly reserves the right to have illegally parked users towed at their expense. "Illegally" in this context refers to parking without having concluded a rental agreement or with a different or blocked license plate number than specified.

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

(1) The processing of contracts concluded on the parking platform is the sole responsibility of the respective users. PEUKA does not guarantee the fulfillment of the concluded contracts nor is it liable for material or legal defects of the agreed services. PEUKA has no obligation to ensure the fulfillment of contracts concluded between users or to check the suitability, availability or in any other way the parking spaces offered for rent by users.

(2) PEUKA cannot guarantee the true identity and authority of the users. In case of doubt, both contracting parties are obliged to inform themselves in an appropriate manner about the true identity and authority of the other contracting party.

(3) The use of the parking platform via the PEUKA App or website is free of charge. In the event of a rental agreement being concluded between the users, a brokerage fee, to be borne by the landlord, will be incurred. For short-term parking spaces (booking duration under one month), the fee is 25% of the gross rental fee + 29 cents per parking space. For long-term parking spaces (booking duration over one month) and for parking spaces with charging facilities that the tenant can actually use, the fee is 15% of the gross rental fee + 29 cents per parking space. The brokerage fee is deducted immediately upon booking a parking space and invoiced to the landlord by PEUKA, which he can access under the "Finances" menu item by clicking on the "Invoices & Credits" button. PEUKA's brokerage fee will be calculated based on the reduced gross rental fee (each + 29 cents) in the event of a cancellation by the tenant according to § 4 paragraph 6.

(4) We will credit rental income you earn as a landlord by renting out your parking space to your PEUKA Cash earnings account. You can have your credit paid out to your bank account at any time. The payout is regularly made within 5 working days to the account you specify. PEUKA reserves the right, in accordance with §1 Para. 4, to request further information and proof for the purpose of verifying the user's details when paying out rental income (e.g., copy of ID card, passport, or driver's license or proof of address in the form of a rental agreement or an official registration certificate).

(5) In the event of termination of your account by you or us, we will also transfer the balance to you within 5 working days. Any credit existing in 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 statute of limitations).

(6) All stated fees and prices are inclusive of the currently applicable statutory value-added tax. Each user is solely responsible for any applicable taxation of income.

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

(1) The content provided via the app is protected by copyright. For the use of the services mediated via the apps, the user acquires a simple, non-exclusive, non-transferable right of use. The user may not reproduce, distribute, or make publicly accessible the content, nor remove technical protection measures or copyright notices.

(2) The user undertakes to provide true and complete information during registration, as well as when offering a parking space for rent or expressing interest in renting a parking space, and to keep this information up-to-date during the contract term by adjusting it or notifying PEUKA. By clicking the "Register" button, the contract between you and us is concluded. After registration, we will send you an email with a confirmation code. After entering the confirmation code contained in this email, the registration process is complete ("Completion of Registration"). If you are acting for a company during registration, you warrant that you are authorized to represent this company and to entitle and oblige it within the scope of the conclusion of these terms of use.

(3) As a lessor of a parking space, it is recommended that you upload a picture of the parking space to be rented. Before uploading any photo, you are obliged to ensure that you have the corresponding rights of use to the photo and that the public disclosure of the image or other content does not violate legal provisions, public morals and/or the rights of third parties. In particular, you may not upload photos on which other persons or the license plates of other cars are visible without obtaining their prior consent. As a lessor, you grant PEUKA the right, limited to the duration of this contract, to technically process, prepare and adapt content uploaded by you in such a way that it can also be displayed on mobile receiving devices or in third-party software applications. Furthermore, you grant PEUKA editing rights, in particular for images uploaded by you, to enable, for example, better orientation and use of the parking facilities offered within the PEUKA app by means of colored markings on the parking photos.

(4) The user is obliged to keep his access data secret and not to pass it on to third parties. The transfer of the possibility of using the registration to third parties is prohibited. In the event of misuse or loss of this information or a corresponding suspicion, you must notify us of this by e-mail to service@peuka.com. Only one registration per person may be maintained simultaneously. The user is also prohibited from using contacts with lessors/lessees obtained within the PEUKA App to conclude contracts for the rental or sub-rental of parking spaces outside the PEUKA platform or PEUKA App and thus circumvent PEUKA's fees.

(5) The user warrants to PEUKA and all other users that the data protection requirements for the data transmitted by him are complied with by the user and indemnifies PEUKA from any claims, including those of a public law nature.

(6) It is prohibited to violate the rights of PEUKA or the rights of third parties when using the app or otherwise to violate applicable law or public morals. In particular, the user undertakes to refrain from the following actions:

(-) Spreading statements with offensive, harassing, violent, glorifying violence, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible or otherwise objectionable or prohibited content;

(-) Insulting, harassing, threatening, frightening, defaming, embarrassing other users or employees of PEUKA;

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

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

(-) Spying on, passing on or distributing confidential information of PEUKA;

(-) Spreading untrue statements about PEUKA;

(-) Impersonating an employee of PEUKA or an affiliated company;

(-) Using legally protected images, photos, graphics, videos, music, sounds, texts, trademarks, titles, designations, software or other content and identifiers without the consent of the rights holder(s) or permission by contract, law or legal regulation;

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

(-) Using prohibited or illegal content;

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

(-) Taking measures that lead to excessive server load and/or can massively impair the operation for other users;

(-) Hacking or cracking, as well as promoting or encouraging hacking or cracking;

(-) Distributing counterfeit software, as well as promoting or encouraging the distribution of counterfeit software;

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

(-) Using or distributing "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 related to the app;

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

(7) PEUKA refers to its house rules regarding the use of its app and expressly reserves the right to immediately block the account and terminate the user agreement without notice if these terms of use, in particular one of the obligations regulated in paragraphs (1) to (6), or otherwise applicable law is violated when using the app.

(8) You and we can delete, replace or change uploaded images and files at any time. In particular, we are entitled to remove images or files without prior notice if and to the extent that there are concrete indications that their publication in the PEUKA App violates legal provisions, public morals and/or the rights of third parties.

§ 7 Payment Terms, Default, Set-off and Right of Retention

(1) All agreed fees are inclusive of the statutory value added tax. PEUKA is entitled to send electronic invoices.

(2) The user only has a right of set-off if his counterclaim against PEUKA has been legally established, is undisputed or acknowledged. The user only has a right of retention if and to the extent that his 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 legal and contractual rights, to temporarily block the user's access until the due payment has been received. In this case, the contract term remains unaffected by the temporary blocking. The user must compensate PEUKA for damages and necessary expenses (e.g., chargeback costs) incurred by PEUKA due to the user's non-payment or delayed payment or other payment disruptions, unless the user is not responsible for these. PEUKA also reserves the right to claim default interest for delayed payments.

§ 8 Contract Term, Termination

(1) The contract underlying these terms of use is concluded for an indefinite period.

(2) You can terminate the contract at any time in text form (email is sufficient) or by selecting the "Delete Account" option within the account settings and thus deleting your account.

(3) The contract can be terminated by us with a notice period of two (2) weeks. The termination must be in text form.

The right to extraordinary termination for good cause remains unaffected. For PEUKA, an extraordinary reason for termination exists in particular if the user makes false statements during registration or ordering and/or later changes of his data or has repeatedly violated these terms of use, provided that PEUKA has unsuccessfully reminded the user to comply with the affected contractual obligation before extraordinary termination (warning). If an extraordinary termination has been made by PEUKA, the booking of parking spaces already booked at the time of termination for a time after the termination takes effect remains unaffected.

§ 9 Technical Requirements

The use of the PEUKA App does not include the provision of a mobile device or other equipment required to access the app. To use the PEUKA App, you need an internet connection and suitable telecommunication connections. PEUKA assumes no responsibility or liability for telephone or other costs that you may incur or that may be billed to you by third-party providers. It is possible that by using the app you may also need to use a service to download software or purchase goods or services from third-party providers. These third-party services and goods may be subject to their own rules and restrictions separate from these terms of use, and you must comply with these in relation to any such third-party provider.

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

(1) PEUKA may update or change the app for seamless provision of services without having to notify you. If necessary, PEUKA may temporarily interrupt access to the app or permanently shut it down. Updates or changes may be subject to changed terms of use; if you do not agree to such changes, you must refrain from future use of the app.

(2) Insofar as free services are provided in the PEUKA App, the user has no claim to their provision; PEUKA expressly reserves the right to restrict, terminate or charge for the provision of free services at any time.

§ 11 Third-Party Websites and Apps

The app may provide links or references to third-party websites and apps. PEUKA does not monitor such websites and is not responsible for their content or functionality. If you access these third-party websites via the PEUKA App, you do so at your own risk. We recommend that you read the terms of use and privacy policies of these third-party websites. PEUKA is not liable for any damages or losses you incur from using a third-party website.

§ 12 User Cooperation / Further User Obligations

(1) When using the app, the user must observe the due diligence obligations necessary for use. In particular, he is obliged to regularly back up his data so that it can be restored in the event of loss.

(2) If access to the apps requires user registration, the user is responsible for ensuring that his password is not accessible to third parties. The user assumes full responsibility for all actions taken using his access data.

(3) You may not allow a third party to use your profile and access data. The use of your account by third parties constitutes a good cause for permanent blocking, without the need for a prior warning. You are encouraged, in your own interest, to immediately notify PEUKA of any third-party knowledge and any misuse of your account.

§ 13 Warranty, Liability

(1) As PEUKA merely provides the platform for the conclusion of rental agreements between tenant and lessor and thus acts as an intermediary, PEUKA bears no liability whatsoever with regard to the contracts between tenant and lessor. In particular, PEUKA assumes no liability for damages and/or soiling that occur to vehicles during the parking period.

(2) For the gratuitous use of the PEUKA App, we are liable according to the statutory warranty provisions.

(3) Defects in the context of the paid rental of parking spaces must be handled between the lessor and the lessee. You are obliged to inform us (service@peuka.com) and the lessor immediately of any defects that have occurred, in text form, together with a clearly recognizable photograph of the defects that have occurred.

(4) PEUKA does not undertake data backup for the user and does not provide any contractual assurances, guarantees or warranties beyond the statutory provisions, unless otherwise agreed in individual cases. PEUKA is not liable for the achievement of any desired success that the user wishes to achieve with the use of the PEUKA App. PEUKA assumes no liability for the correctness of the content provided by users.

(5) It is not technically possible for us to determine with certainty whether a user registered with the PEUKA App actually has the identity they claim to have. We therefore cannot guarantee the correct identity of the users.

(6) In all other respects, PEUKA is liable for contractual and other claims of the user on the merits only for damages to the user (1) which PEUKA, its legal representatives or vicarious agents have caused intentionally or through gross negligence, (2) resulting from injury to life, limb or health, which is based on a breach of duty by PEUKA or one of its legal representatives or vicarious agents, (3) in cases of liability under the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and (4) which have arisen through the breach of an obligation, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the user regularly relies and may rely (so-called cardinal obligation).

(7) In cases (1), (2) and (3) of the preceding paragraph 6, PEUKA's liability is unlimited in amount. In all other respects, liability is limited to the foreseeable damage typical for the contract.

(8) In cases other than those mentioned in paragraphs 6 and 7, and without prejudice to the following paragraph, PEUKA's liability is excluded regardless of the legal reason.

(9) The above limitations of liability apply accordingly to organs, employees and vicarious agents of PEUKA.

§ 14 Applicable Law, Place of 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 on the applicability of mandatory provisions, in particular of the state in which the user, as a consumer, has his habitual residence, remain unaffected.

(2) The agreed place of jurisdiction for all disputes arising from the contractual relationship between the user and PEUKA is the registered office of PEUKA, provided that the user is a merchant, a legal entity under public law or a special fund under public law. Notwithstanding this, PEUKA remains entitled to sue the user at his statutory place of jurisdiction.

§ 15 Final Provisions, Miscellaneous

(1) No oral or written ancillary agreements exist.

(2) Should individual provisions of these terms of use be or become ineffective and/or contradict statutory regulations, the effectiveness of the remaining terms of use shall not be affected thereby. The ineffective provision shall be replaced by mutual agreement of the contracting parties with a provision that comes closest in a legally effective manner to the economic purpose of the ineffective provision. The foregoing provision shall apply mutatis mutandis in the event of gaps in the regulations.

(3) Information on dispute resolution: The EU Commission provides a platform for online dispute resolution (OS) at https://consumer-redress.ec.europa.eu/index_de.

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