Contractual provisions for long-term parking subscriptions

1. the subject matter of the contract is the customer's right to park the vehicle with the specified licence plate number (hereinafter referred to as "the vehicle") in the garage/car park selected in the customer portal (hereinafter referred to as "the parking space") in any free parking space under the conditions specified in this contract. However, the licence plate number can be updated in the customer portal at any time if a different vehicle is used. There is no right to park the vehicle in a specific parking space. Guarding and safekeeping of the vehicle, its accessories and any items in the vehicle or items brought into the car park with the vehicle is not part of the contract. APCOA is therefore in no way liable for the behaviour of third parties, including theft, burglary, damage, etc., regardless of whether these third parties are in or on the parking area with or without authorisation. APCOA shall only be liable for damage caused by APCOA or its agents through wilful intent or gross negligence, insofar as this is legally permissible. Express reference is made to the legal obligation to minimise damages. This contract is not subject to the provisions of the Tenancy Act (MRG). The right to transfer this contract - even partially - to third parties is excluded without the prior written consent of APCOA.

2 The fee and any ancillary costs are due for payment in advance on the first of each month. The customer is only entitled to offset any claims he may have against APCOA against the fee and any ancillary costs if his counterclaims are legally related to his liability, have been established by a court, have been recognised by APCOA or in the event of APCOA's insolvency.

3 In the event of an upward or downward change in the basis for calculating the fee, the fee will be adjusted. Increases in the fee do not lead to an increase in any discount granted. APCOA is authorised to adjust fees at any time. Decisive for the adjustment are changes in collectively agreed wages, energy costs, maintenance costs (necessary investments in the property, increase in existing interest rates, etc.), or additional costs due to changes in the law (in particular new taxes) and official decrees. After notification of this increase, the customer has the right to terminate the contract in accordance with the cancellation period agreed in the customer portal while retaining the fee paid to date. However, the customer shall have this right within one month of notification of the fee increase at the latest.

4. the access authorisation refers to the specified vehicle registration number. The parking of other vehicles is only permitted after prior updating of the vehicle licence plate number in the customer portal. However, no more parking spaces may be used than those agreed in the customer portal. When parking the vehicle, the floor markings must be observed. If the vehicle is parked in such a way that neighbouring parking spaces cannot be used in accordance with the markings, the fee for the parking spaces misused in this way must be paid in accordance with the applicable tariff. In addition, APCOA reserves the right to remove the vehicle at the expense and risk of the vehicle owner or have it removed by a third party in accordance with the applicable terms and conditions of use or, if the conditions specified therein are met, to have it scrapped. In such cases, the customer shall be obliged to compensate for the resulting damage.

5 For the proper organisation of operations, the respective valid terms of use and notices on site apply in and on each parking area. Accordingly, APCOA concludes the present car park usage contract exclusively on the basis of the terms and conditions of use as amended from time to time. In addition, the German Road Traffic Regulations (StVO) as amended shall apply mutatis mutandis. All traffic signs, light signals, information boards, floor markings etc. installed in the garage as well as all existing official regulations must be strictly observed by the customer. The prescribed speed limit must be observed in the car park.

6. the customer undertakes to properly secure and lock the parked vehicle and then to leave the car park without delay. APCOA is not liable for items stored in the vehicle. The customer is responsible for ensuring that the parked vehicle is frost-proof.

7. the car park and its facilities must be treated carefully and appropriately.

8. the instructions of the operating staff must be followed in the interests of all customers.

9. the fee cannot be refunded if the contractual services are not utilised.

10. in the event of entry without using the parking authorisation medium, the corresponding short-term parking tariff will be charged without this being credited to the fee.

11. if a parking authorisation medium (code card, key, parking permit, etc.) is issued, it must be stored carefully and properly. In the event of damage or loss, APCOA must be notified immediately. For any other APCOA services, the respective tariff costs are to be borne.

12 APCOA is entitled to terminate this contract with immediate effect and to block the parking authorisation medium if the customer

a) is in arrears with payment of the fee despite a reminder setting a four-week grace period;

b) is in arrears with the payment of ancillary costs despite a reminder setting a four-week grace period;

c) the parking authorisation is misused;

d) grossly violates other contractual conditions or the obligations arising from the road traffic regulations or the terms of use.

If the customer is in arrears with the payment of the fee and/or any ancillary costs despite a reminder setting a four-week grace period, APCOA may also block the parking authorisation while maintaining the contract until the outstanding fee and/or any ancillary costs have been paid.

In any case, APCOA reserves the right to claim any further damages.

13 In the event that the customer falls into arrears with its services, default interest in the amount of 8% above the current base rate published by the Austrian National Bank, but at least 12% default interest per year, is agreed. In addition, the customer undertakes to reimburse all extrajudicial and pre-litigation costs, in particular reminder, information and legal costs caused by his default in payment, in the amount corresponding to the applicable tariff, but with a maximum amount of € 500 plus VAT. 14.

14 The contract can be cancelled in writing by both APCOA and the customer at the end of any agreed minimum term by giving one month's notice to the last day of each month. The shortest term of a contract is 3 months. The standard rate is assigned to the"Long-term parking 24/7" product and forms the basis for subsequent charges. If a contract is cancelled before the end of the agreed minimum term, the months used - as well as any free months - will be charged at the standard rate.

15. The deposit paid by the customer serves as security for all claims of APCOA's claims against the customer arising from this usage contract and will be refunded in the same amount, without interest, if the customer returns any parking authorisation provided, removes the vehicle from the parking area and has fulfilled all other claims against APCOA at the time of termination of the contractual relationship. If the parking authorisation is lost or not returned in good time or if the vehicle is not removed in good time, the deposit will be forfeited. In any case, the return is not timely if it is not made within 3 (three) months of the end of the contract period. APCOA reserves the right to assert further claims. The customer expressly consents to the use of the deposit by APCOA during the term of the contract.

16 If the customer does not remove the vehicle upon termination of the contractual relationship, APCOA is entitled to a usage fee of at least the amount of the fee resulting from this contract. Each month or part thereof will be charged in full. Furthermore, APCOA is free to remove the vehicle from the APCOA car park or park it in another APCOA car park at the customer's expense and risk after termination of the contractual relationship.

17 If and as long as the customer is in arrears with the payment of the fee or another contractual obligation to APCOA, APCOA has a right of retention to the parked vehicle. APCOA may use suitable means to prevent the removal of the vehicle. The exercise of the right of retention can be averted by providing security.

18 Notifications are deemed to have been made legally if they are sent to the other party at the address entered in the customer portal (by post or e-mail). The customer shall immediately update any changes of address in the customer portal. The same applies to APCOA. Any changes to the vehicle data must also be made immediately in the customer portal.

19 Any legal transaction fee incurred shall be borne by the customer.

20. in accordance with §12 and §13 DSG, as well as the DSGVO, the customer gives his express consent to the automated processing of personal data. This also applies in particular to image recording and licence plate evaluation at entrances and exits, automatic pay stations and access points. You can find our privacy policy in accordance with GDPR here.

21 The applicable terms of use form an integral part of this car park usage contract.

The contract is deemed concluded when APCOA sends a confirmation email.

Last updated: November 2021

Previous versions:

Contractual provisions for long-term parking subscriptions until November 2021

Dear Customer,

I. The provision of the online system does not constitute a legally binding offer by the operator APCOA PARKING Austria GmbH (APCOA), but merely a non-binding invitation to the customer (customer) to submit an offer to the operator APCOA to conclude a car park usage contract in accordance with the applicable terms of use.

II. by clicking on the button "Order with obligation to pay", the customer submits a non-binding offer to conclude a parking space utilisation contract. The customer can cancel the process at any time before clicking the "Order with obligation to pay" button by closing the Internet browser window. After clicking the button, the customer receives an e-mail confirming receipt of the enquiry - the offer is then considered binding. APCOA is authorised to check the offer and, if it is accepted, to send a confirmation by e-mail in accordance with the conditions of the parking space usage contract.

III. the text of the offer is only available in German.

IV. In accordance with the statutory information and instruction obligations, we inform the customer here about the exercise of the right of cancellation for consumers. The customer must also observe our terms of use.

Customers who are consumers within the meaning of the Austrian Consumer Protection Act are entitled to the following statutory right of cancellation:

Right of cancellation

The customer has the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise the right of cancellation as a customer, the customer must inform us as the operator (APCOA PARKING Austria GmbH, Landstraßer Hauptstraße 146/13A, 1030 Vienna, telephone: +43 1 717 16-17, e-mail: dauerparken@apcoa.at) of their decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). The customer may use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for the customer to send notification of exercising the right of cancellation before the cancellation period expires.

Consequences of cancellation

If the customer cancels this contract, we shall reimburse the customer for all payments we have received from him, including delivery costs (with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of his cancellation of this contract. For this repayment, we will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment.

If the customer has requested that the services should commence during the cancellation period, he shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time he informs us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract. Individual parking transactions will be charged according to the respective short-term parking tariff.

The customer must return or hand over the parking authorisation to APCOA immediately and in any case within fourteen days of the day on which the customer informs APCOA of the cancellation of this contract. The deadline is met if the customer sends the parking authorisation before the expiry of the fourteen-day period.

(If the customer wishes to cancel the contract, this form must be completed and returned).

To APCOA PARKING Austria GmbH, Landstraßer Hauptstraße 146/13A, 1030 Vienna or by e-mail to dauerparken@apcoa.at.

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

(*) Delete as appropriate.