Terms of use APCOA FLOW

APCOA FLOW Terms of use

Special conditions of use for the APCOA FLOW APP

Provider
APCOA Austria GmbH
Landstraßer Hauptstr. 146/13A
1030 Vienna

Phone: +43 1 717 16 0
Internet: www.apcoa.at
E-mail: office@apcoa.at

represented by the managing director Stefan Sadleder
Company register court: Commercial Court Vienna
Company register FN 249499 k
VAT identification number: ATU63442858

I. App description

The software is a downloadable software application ("software" or "app") with which you (hereinafter referred to as "user") can access APCOA FLOW functions directly from your Android, iPhone, iPad or mobile device, provided that the hardware is supported by APCOA FLOW and is compatible with the app. Which devices and software versions are compatible with the app can be found in the description of the app in the respective app store from which the app is downloaded and installed.

You can download the app regardless of whether you use the APCOA FLOW service. However, to activate the full functionality of the app, you must set up and activate a free user account with APCOA FLOW. APCOA's General Terms and Conditions of Access and Use apply to this.

After registration, the app provides access to digital services from APCOA FLOW. These enable the authorised user to purchase parking tickets at parking facilities without barrier control and to enter and exit the car parks and parking spaces ("parking facilities") covered by APCOA FLOW without contact (by means of number plate recognition), the automatic billing and payment of the associated parking processes and, if applicable, the use of other APCOA FLOW services.

II End User Licence Agreement ("EULA")

End customer terms of use for the APCOA FLOW app

1. introduction

This End User Licence Agreement ("EULA") is a legally binding agreement between you as an individual or legal entity and APCOA Austria GmbH ("APCOA"). You agree to comply with the EULA terms and conditions when you download, install or use this app for Android, iOS or any other mobile platform. If you do not agree to the EULA, you should not tick the "I accept the terms" box and not use the app.

By installing or using the app, you declare that you have read and understood the EULA and that you will comply with it.

1.1 Contractual partner and purpose of use

This app is offered by APCOA in an app store ("platform") of the respective operator ("platform operator"). The contractual partner of the user is APCOA

The platform operator is not the user's contractual partner for the app or its content.

1.2 User of the app and purpose of use

The user is the contractual partner for the use of this app either as a private individual or as a representative of the company at which he/she is employed. If the user concludes the agreement for use on behalf of his company without being authorised to do so, he himself is the contractual partner under this EULA.

This app may only be used by the following users and for the specified purposes: This app may be used by any lawful user for personal purposes for private or business purposes, but not for commercial purposes.

1.3 Function and purpose of the app

The function and purpose of the app are described in the app description.

1.4 Registration

In order to use the full functionality of the app, it is necessary to register a user account. For this purpose, the user must provide the data for the user account completely and correctly and keep it up to date at all times. Part II applies to the handling of this data.

1.5 Notice pursuant to Section 19 of the Alternative Dispute Resolution Act (AstG)

The following applies to customers from Austria: APCOA will not participate in an alternative dispute resolution procedure before an alternative dispute resolution body within the meaning of the Austrian Alternative Dispute Resolution Act (AstG) and is not obliged to do so.

1.6 Information obligations for online sales (Art 14 (1) ODR Regulation)

Consumers have the option of submitting complaints to the EU's online dispute resolution platform: ec.europa.eu/odr.

You can also submit your complaint directly to us at the following email address: flowsupport@apcoa.at

2 Rights of use, use of data

2.1 Scope of the rights of use

The lawful user receives the time-limited, non-exclusive, non-sublicensable, non-transferable, revocable and free of charge right to use the app in accordance with this EULA for private purposes, and in any case not for commercial purposes. Deviations and additions may result from the information and conditions for Free and Open Source Software ("FOSS") pursuant to Section 2.2 and for third-party content pursuant to Section 2.3.

Notwithstanding any reference to a "purchase", the Software is licensed, not sold, under this EULA.

2.2 Rights of use to FOSS

The App may contain components of Free and Open Source Software ("FOSS"). The INFORMATION AND CONDITIONS FOR FOSS apply with priority.

2.3 Third-party content

The app may contain or use components (software or content) from third parties. The INFORMATION AND TERMS AND CONDITIONS FOR THIRD-PARTY CONTENT apply with priority. Insofar as rights to this third-party content are granted directly by third parties, the user concludes a contract with the respective third party in accordance with the corresponding terms and conditions by agreeing to this EULA. In the event of an infringement, the third party may make a claim against the user.

2.4 Termination of the rights of use

APCOA is authorised to immediately block the customer's access to the app, immediately delete the user's user account and/or terminate the contract with immediate effect if the user breaches this EULA.

Irrespective of this, the publisher and provider of the app may terminate the rights of use at any time by unilateral declaration with immediate effect.

2.5 Infringement

In addition to the cancellation of the rights of use, a breach of this EULA may have further legal consequences for users, for example due to unlawful use of the app and its content. This also includes the cessation of further use and claims for damages.

2.6 Data protection

APCOA protects the customer's personal data and only uses it insofar as this is legally permissible or the customer has consented to its use; the customer can find more detailed information on this in the privacy policy, which can be accessed via the app. The customer grants APCOA the non-exclusive, transferable and sub-licensable right to use other data, in particular technical data, which either has no personal reference or whose personal reference has been removed (anonymised data).

3 User obligations

3.1 Confidentiality

The user may only use the content of the app privately and not make it accessible to the public, for example in social networks or in any other way.

3.2 Obligation to report defects

The user shall immediately report any faults in the use of the app to the contact point specified under Customer Support.

3.3 Lawful use

The user is obliged to use the app only lawfully in accordance with this EULA and in compliance with applicable law. The user is responsible for this.

3.4 Input of data

The user is responsible for the data he/she enters. The user is either the licence holder or is authorised to dispose of the stored vehicle licence plates.

The user is obliged to ensure the validity and solvency of the means of payment deposited by him.

The user is obliged to keep the licence plates stored up to date at all times and to remove unused licence plates from his account or to deactivate automatic licence plate recognition (e.g. in the case of one-off use of a rental car).

3.5 Licence plate administration and payment

By registering and entering data in the app, in particular licence plate numbers, the user acknowledges that if automatic licence plate recognition is activated, all parking processes for these licence plate numbers are automatically assigned to the user account that last activated the licence plate number (to be managed under "My vehicles"). The user with the active licence plate is responsible for paying for the parking transaction.

4. prohibitions

4.1 Prohibition of transfer and utilisation

It is not permitted to transfer, publish, licence, sell or otherwise commercially exploit the app to third parties for a fee or free of charge. No rights to the app may be rented, leased or otherwise transferred.

4.2 Prohibition of modification

It is not permitted to modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the App. Legal rights remain unaffected, in particular the right of the user to decompile the app in order to obtain the necessary information to establish its interoperability with other programmes, unless the provider makes this available to the user on reasonable terms.

5 Impact on software or websites of the publisher or third parties

Any use of the app that has a negative impact on the app itself or websites linked to it or on software accessed through the app is not permitted.

6 Warranty

6.1 Free provision and exclusion of warranty rights

(a)Services

The app is available free of charge in a basic version. Its range of functions can be viewed in the app store through which the app was downloaded and installed and can be expanded or reduced by the provider at any time. In particular, there is no legal entitlement to certain functions that were still available in an earlier version, unless this function was purchased.

(b)Prices

The app can be expanded with additional functions for a fee through in-app purchases. The current price and subscription models are included in the app itself, in the app store and before the order is placed. All prices quoted include the applicable value added tax.

6.2 Exclusion of warranty rights

As long as the app is provided free of charge, it is provided "as is". In particular, no guarantee of availability, merchantability or suitability for a particular purpose is assumed.

Warranty rights are always excluded vis-à-vis entrepreneurs; warranty is excluded vis-à-vis consumers as long as the app is provided free of charge. This also applies to any support.

6.3 Accuracy of information

The publisher assumes no responsibility for completeness and accuracy. Descriptions of services, products, prices and other services are provided without any guarantee of accuracy and do not constitute a contractual offer or a claim to the conclusion of a contract.

6.4 Scope of the warranty provisions

The warranty of the publisher and provider is excluded and limited to the extent permitted by law. Mandatory statutory rights of the user remain unaffected.

7 Liability

7.1 Scope of liability

APCOA is liable - irrespective of the legal grounds - within the scope of the statutory provisions only in accordance with Section 7.1 and the following Sections 7.2 and 7.3.

APCOA shall be liable without limitation for damages resulting from injury to life, body or health as well as for other damages caused by intent or gross negligence on the part of APCOA or one of its legal representatives or vicarious agents, as well as for damages due to non-compliance with a guarantee or warranted characteristic given by APCOA or due to fraudulently concealed defects.

APCOA's liability is limited to compensation for foreseeable damage typical of the contract for such damage caused by slight negligence on the part of APCOA or one of its legal representatives or vicarious agents.

7.2 Exemption from liability

If a claim is made against the publisher or the provider of the app by a third party due to a breach of this EULA by the user, the user shall indemnify the publisher and the provider against all claims and costs that arise directly or indirectly as a result, including reasonable costs for defence by a lawyer. This does not apply if the user is not responsible for an infringement. The Publisher reserves the right to assume the defence against such claims itself.

7.3 Scope of the liability provisions

THE LIABILITY OF THE PUBLISHER AND PROVIDER IS EXCLUDED AND LIMITED TO THE EXTENT PERMITTED BY LAW. Mandatory statutory rights of the user, in particular liability in accordance with the Product Liability Act, remain unaffected.

8. additional conditions Apple

8.1 These Terms of Use are agreed exclusively between the user and APCOA and not with Apple. Apple assumes no responsibility for the app, but is entitled to take action against the user in the event of a breach of the terms of use.

8.2 APCOA grants the user the right to use this application exclusively on iOS products owned or operated by the user and to the extent permitted by the App Store Terms of Use.

8.3 Apple is under no obligation to provide maintenance and support services in relation to this Application.

8.4 Apple shall have no responsibility for the investigation, defence, settlement or discharge of any claim of infringement of any third party intellectual property rights.

8.5 Apple is under no obligation to respond to any claim by the user or any third party relating to the App or the ownership and/or use of this Application. This includes, but is not limited to, the following claims

(a) Product liability claims;

(b) claims alleging that the App violates applicable legal or regulatory provisions; and

(c) claims under consumer protection or similar laws.

8.6 Apple and its affiliates are third party beneficiaries of the Privacy Policy and these Terms of Use and therefore have the right (and are deemed to have accepted the right) to enforce these Terms of Use against the User upon acceptance of the Agreement.

9. final provisions

9.1 Reservation of right of amendment

APCOA reserves the right to amend this EULA if necessary. APCOA will inform the user of any significant changes to the EULA. Amendments come into force automatically 30 days after this notification. If a user does not agree with a change, they must uninstall the app and no longer use it. By continuing to use the app, the user declares their agreement with the amended EULA.

9.2 Invalidity of individual clauses

Should individual provisions of this EULA be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

9.3 Applicable law

All disputes in connection with this EULA shall be governed exclusively by the laws of the Republic of Austria, irrespective of the legal grounds, to the exclusion of all conflict of laws provisions that refer to a different legal system. The application of U.N. sales law is excluded.

9.4 Place of jurisdiction

The place of fulfilment is Vienna. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts shall also be Vienna.

General Terms and Conditions of Access and Use (GTCU) for APCOA FLOW

APCOA FLOW refers to the IT-based parking services and other services ("APCOA FLOW Services") described below, which are offered to registered persons by APCOA Austria GmbH, Landstraßer Hauptstr. 146/13A, 1030 Vienna, registered in the Commercial Register of the Commercial Court of Vienna, under No. FN 249499 k ("APCOA").

The access service offered by APCOA via the APCOA FLOW website and the APCOA FLOW app makes it possible to create a personal user account. After registration, all APCOA FLOW services offered by APCOA can be used in a personalised and password-protected manner.

These General Terms and Conditions of Access and Use ("GTCU") govern the contractual relationship regarding access to and use of APCOA FLOW Services between APCOA and the person specified in the user account (Section III) (hereinafter referred to as "customer") in Austria.

I. Scope of application, amendment and supplementation of these terms of use, definitions

1. the use of APCOA FLOW Services is intended exclusively for customers with residence or habitual abode or place of business within the European Union and in particular not for customers from or in the United States of America. The APCOA FLOW Services are only available for or at the car park facilities ("Property") specified in the APCOA FLOW app or on the APCOA FLOW website.

2 The provisions of these GCU may be amended by APCOA at any time without stating reasons, whereby such amendments must be communicated to the customer by APCOA at least 30 days before they come into force and amendments and additions must be clearly emphasised. If the customer does not object to the changes in writing by e-mail within 30 days of receipt of the aforementioned announcement, they shall be deemed to have been accepted. In the event of an amendment to these GT&Cs, each customer shall be entitled to terminate the contractual relationship with immediate effect.

3) The terms used below in these GTU have the following meaning:

(a) Authorised User means a natural person who has a User Account and uses the APCOA FLOW Services in accordance with and within the scope of these GTU.

b) User account is the access authorisation to the restricted APCOA FLOW services. The user account contains information about the authorised user and their user rights. Registration takes place via a user name and password. The user name and password can be used to authenticate as an authorised user and use the APCOA FLOW services.

c) APCOA FLOW website is the internet presence of APCOA FLOW, accessible at apcoa.at/flow.

d) APCOA FLOW App is the software application for installation on a mobile device via which the customer can register as an APCOA FLOW user and use the APCOA FLOW services.

II APCOA FLOW Park Services

1. the APCOA FLOW services for APCOA FLOW customers include the purchase of a parking ticket at parking facilities without barrier control and contactless entry and exit (by means of licence plate recognition) to and from car parks, parking garages and parking spaces equipped for APCOA FLOW ("parking facilities") as well as the automatic billing and payment of the associated parking processes; in addition, APCOA FLOW may include further IT-based services from APCOA (collectively: "APCOA FLOW services")

2. the customer must open a user account via the APCOA FLOW app or the APCOA FLOW website in order to use the APCOA FLOW services (Section III)

3. depending on the operating system used, the customer can download the APCOA FLOW app from the Google Play Store or the Apple App Store onto their mobile device. The further development of APCOA FLOW services and information technology occasionally requires the adaptation and further development of the relevant services to new technical possibilities and changes in user behaviour. In this context, APCOA reserves the right to further develop the APCOA FLOW services technically and to adapt their functional scope.

4 APCOA shall take all reasonable measures to ensure the continuous availability of the APCOA FLOW service and to restore it immediately in the event of disruptions. Unavoidable temporary disruptions or a reduction in the performance (speed) of the APCOA FLOW services may nevertheless occur due to force majeure (e.g. armed conflicts, storms, industrial action) or due to the performance of necessary maintenance, repair or other measures on the technical facilities of APCOA or on the technical facilities of third parties that provide data, content, information or transmission capacities for the APCOA FLOW parking services. In addition, intensive simultaneous use of the APCOA FLOW services by many customers can lead to an impairment of the performance (speed) of the APCOA FLOW services.

5. in the event of technical faults in the APCOA FLOW services or other problems experienced by the customer when using the APCOA FLOW parking services, the customer can contact APCOA's customer service (Section VI).

III Registration via access service, user accounts, conclusion and conditions of the user contract

1. in order to use the APCOA FLOW services, the customer must open a single user account ("registration") via the access service of the APCOA FLOW website or the APCOA FLOW app. The access service is free of charge for the customer. The user account can be a user account set up specifically for APCOA FLOW (see section 2) or an existing user account of the customer with a social network (see section 3). 2.

2. the customer can set up a special user account for APCOA FLOW for registration. The following applies:

a) The creation of a user account requires the provision of the following personal information

  • First and last name of the user and
  • e-mail address.

It is the customer's responsibility to ensure that this information is correct. If the personal information changes, the customer must update the details immediately via their user account.

b) To protect the user account, the customer must select a password. This should fulfil the following requirements:

  • Minimum length of 6 characters
  • fulfils at least 3 of the following requirements:
    • contains capital letters,
    • contains lower case letters,
    • contains at least one digit,
    • contains at least one special character.

The use of passwords consisting only of one or more dictionary entries and numbers should be avoided. The customer is obliged to keep the password secret. For security reasons and to prevent misuse, the customer is advised to change his password regularly.

It is possible to change the password at any time via the user account settings. The customer is responsible for the secure handling of his password. APCOA accepts no liability for the consequences of non-compliance with the above password rules.

When using the APCOA FLOW service, it is strongly recommended that the end devices are protected against misuse by third parties using the measures available for the end devices (e.g. device password, graphic pattern, etc.).

c) The user name corresponds to the e-mail address provided by the customer during registration. The customer shall receive all information required to use the user account at this e-mail address. The customer has the option of specifying a different e-mail address as the user name at any time via the user account settings. The customer must ensure that the information provided is truthful and complete. As APCOA communicates with the customer by e-mail, among other means, the customer must have a valid e-mail address and access to the corresponding e-mail account.

3. the access service can offer the customer the option of using an existing user account with a social network for registration and login. When registering, the customer's data from a social network can be used to automatically fill in the registration form. This only happens if the customer has previously granted APCOA's access service access to certain data from their profile in the social network. The access service takes from the social network the data displayed in the registration window and the customer's identification number in the social network. After registration, the customer can simplify the registration process by using the corresponding button of the respective social network. If the customer is already registered with the social network in this case, the authentication information of the social network is taken over and no further action by the customer is required. Note: When using the registration or login function via a social network, the operator of the social network can see that the customer has registered with APCOA FLOW and individual login processes can also be tracked. Further information on this can be found in the data protection conditions of the respective social network. APCOA assumes no responsibility for the functionalities and any data analyses of these third-party providers.

4. the access service may offer the customer the option of allowing individual third-party providers access to individual websites and available applications - if available - assigned to their user account and connected to this service. If the customer sets this up, APCOA will provide the third-party provider with an authentication feature, which the customer can revoke at any time. In addition to the setup, it may be necessary for the customer to agree to separate terms of use on the websites or applications requested by the customer and connected to this service. 5.

5. the customer can delete the user account at any time. In order to successfully delete the user account, the customer must ensure that they have previously logged out of the APCOA FLOW app. After deletion, personalised use of the connected websites and applications of APCOA FLOW is no longer possible.

In the event of inactivity for more than 24 months, APCOA is authorised to delete the user account. The customer will be notified by e-mail at least one month before the account is cancelled.

6 By clicking on the "Register" button and confirming the General Terms and Conditions and APCOA's Privacy Policy, a user contract is concluded between APCOA and the customer, which gives the customer access to the APCOA FLOW services offered by APCOA.

Effective contracts with APCOA can only be entered into by persons of legal age. The contract is non-transferable.

7 Full access to these services via the APCOA FLOW app requires prior verification of the user account. For this purpose, APCOA will send an e-mail to the e-mail address provided by the user in the user account immediately after registration. Once the user account has been successfully verified, access to the APCOA FLOW services within the app will be activated. APCOA reserves the right to delete the user account if the email address is not verified within 10 days of registration. Re-registration with the same e-mail address is possible at any time after deletion.

IV. Responsibility of APCOA, liability

1 APCOA is not responsible for damage caused by improper use of the APCOA FLOW services and the APCOA FLOW app. This applies in particular if the driver of the vehicle is distracted from the traffic situation by the use of the APCOA FLOW service or the APCOA FLOW app while driving and this leads to accidents.

APCOA expressly points out that the use of electronic devices required for the use of APCOA FLOW may only be used while driving a vehicle in accordance with the German Road Traffic Regulations (StVO).

2 APCOA is not responsible for damage caused by the customer choosing an inappropriate password for the user account or failing to keep the password safe, or for damage caused by a third party to whom the customer has given access to the APCOA FLOW services.

3 APCOA is not responsible for breaches of data protection law by the customer or by third parties to whom the customer has granted access to the APCOA FLOW Services.

4. the customer is aware that the ability to use the APCOA FLOW services, such as Internet use and the ability to receive SMS, push or e-mail notifications and to obtain a GPS location, is dependent on the functioning of the mobile phone, the (mobile) networks and other third-party services. APCOA is not responsible for damage caused by the inadequate functioning or complete failure of the mobile phone or the networks or services of third parties, such as the non-receipt (on time) of an SMS, push or e-mail notification or the opening of access doors. This also includes cases of force majeure in accordance with clause 5 below.

5. In cases of force majeure, such as disruptions in the telecommunications infrastructure (Internet), national unrest, mobilisation, war, traffic closures, strikes, exclusion, DoS attacks (Denial of Service attacks), DdoS attacks (Distributed Denial of Service attacks), operational disruptions, stagnation in supply, fire, flooding, in which APCOA is prevented from providing the services so that APCOA cannot reasonably be expected to fulfil the contract, APCOA's obligation to perform shall lapse.

6 APCOA is otherwise liable in accordance with the following provisions:

(a) If APCOA is required by law to pay for damage caused by slight negligence, APCOA's liability is limited. In this case, liability exists only in the event of a breach of material contractual obligations. This liability is also limited to the typical damage foreseeable at the time the contract was concluded.

b) The limitations of liability in this section do not apply in the event of injury to life, limb or health. Irrespective of any fault on the part of APCOA, any liability in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.

V. Cancellation

(1) This contract of use may be terminated by the customer at any time by means of a declaration in text form to APCOA with effect from the end of the month.

(2) APCOA may terminate this contract of use by giving the customer one month's notice; it is not necessary to observe a specific termination date.

APCOA is also entitled to terminate this licence agreement for good cause. Good cause exists in particular in the event of

  • misuse or manipulation of the APCOA FLOW services (e.g. use of the APCOA FLOW access medium in breach of contract),
  • default of payment by the customer,
  • violation of statutory or regulatory provisions,
  • breach of material contractual obligations.

Extraordinary cancellation by APCOA is permissible in the aforementioned cases after the unsuccessful expiry of a reasonable period of time set for remedial action or after an unsuccessful warning, which must be sent to the customer in text form (e.g. e-mail, fax).

VI Cancellation policy for consumers

Section VI. only applies to customers who are consumers within the meaning of the Consumer Protection Act, i.e. persons for whom the transaction is not part of the operation of their business ("consumers").

You (= consumer) have the right to cancel this contract within fourteen days of concluding the contract without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise the right of cancellation, you must inform us (APCOA Austria GmbH, [...]) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

If you cancel this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment. If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform 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.

Sample cancellation form

(If you wish to cancel the contract, please complete this form and return it to us).

To APCOA Austria GmbH

Landstrasser Hauptstr. 146/13A

1030 Vienna

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

VII Cancellation of the APCOA FLOW user account

1. after termination of the contract, APCOA is authorised to block the user account immediately.

2. furthermore, APCOA reserves the right to block the user account if APCOA is entitled to terminate the contract for good cause and/or if unusual transactions by the customer give rise to suspicion of a criminal offence or other misuse.

VII Customer service

APCOA will provide the customer with APCOA FLOW customer service for the APCOA FLOW services at its own discretion. The e-mail address of APCOA FLOW customer service or a contact form can be found in the APCOA FLOW app or on the APCOA FLOW website.

VIII. Data protection

1 APCOA collects customer data to implement the contractual relationship. In doing so, the legal provisions of the General Data Protection Regulation and the country-specific data protection regulations applicable to APCOA are observed.

APCOA protects the customer's personal data and only uses it insofar as this is permitted by law or the customer has consented to its use; more detailed information on this can be found in the privacy policy, which can be accessed via the APCOA FLOW app and the APCOA FLOW website.

2. the customer grants APCOA the non-exclusive, transferable and sub-licensable right of use, unlimited in time and content, to other data, in particular technical data, which either have no personal reference or whose personal reference has been removed (anonymised data).

IX. Place of jurisdiction, applicable law

(1) If a customer is a merchant or has no general place of jurisdiction in Austria, Vienna shall be the exclusive place of jurisdiction for all claims arising from or in connection with the APCOA FLOW services.

(2) If the customer is a consumer, APCOA may sue the customer only at the court having jurisdiction over the customer's domicile or habitual residence; the customer may, however, sue APCOA at any legally authorised place of jurisdiction in addition to the court having jurisdiction over the customer's domicile or habitual residence.

3 All disputes arising from or in connection with the APCOA FLOW services, the app and these terms of use shall be governed exclusively by the laws of the Republic of Austria, excluding the conflict of laws provisions; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

X. Severability clause

Should any of the above terms of use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions that come as close as possible to the economic purpose of the contract while reasonably safeguarding the interests of both parties.

XI Dispute resolution

APCOA is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Last updated: 28.03.2024

 

Previous versions:

Terms of use APCOA FLOW until March 2024

Terms of use APCOA FLOW until October 2022