Terms of use for car parks, multi-storey car parks and parking spaces

1 General provisions

1.1 The use of the garage or parking/parking areas (hereinafter referred to as "operating site") is only permitted after the conclusion of a user agreement. The contract of use is concluded by the operator APCOA Austria GmbH (hereinafter also referred to as "APCOA") with the user (long-term or short-term parker) of the operating site (hereinafter referred to as "customer"). In the case of short-term parkers, a short-term user contract is concluded by purchasing an entry authorisation (e.g. taking an entry ticket or parking ticket, using a credit card or using an authorised medium such as a vehicle registration plate, transponder, etc.) for a limited parking period according to the notice or, in the case of barrier-free business locations, by entering the business location or, in the case of long-term parkers, by concluding a user contract (long-term parking subscription). The contract of use shall also be deemed to have been concluded if a short-term parker enters the business location, for example due to a technical defect, without having to obtain an entry authorisation.

1.2 The contract of use is not subject to the provisions of the Tenancy Act (MRG). Likewise, the custodian liability (§§ 970 ff ABGB) does not apply, as no custodial obligations are assumed by the Operator.

1.3 Each customer submits to these terms of use upon conclusion of the contract of use. If the terms of use are rejected, free exit is possible if it takes place immediately after entry.

2 Tariffs, other charges and operating times

2.1 The applicable tariffs, other charges and operating hours can be found on the notice at the entrance.

2.2 Entry, exit and access are only possible within the operating hours (except for long-term parkers) by means of an entry authorisation (see point 1.1).

2.3 Short-term parkers may exit the car park during operating hours after paying the parking fee at the cash desk or at the exit device, unless this fee is already payable at the start of the parking process. When using digital access or payment options (e.g. APCOA FLOW), the respective contractual provisions of the respective provider also apply. If the exit occurs immediately after entry, e.g. for reasons according to point 1.3, this is possible free of charge (= drive-through tolerance). For long-term parkers, exit is by means of a long-term parking authorisation.

2.4 After payment of the parking fee at businesses with barrier control, the customer (short-term parker) has a reasonable amount of time to collect his vehicle before passing the exit barrier (exit tolerance). In the event of late exit, the period exceeding the paid parking time must be paid for.

2.5 If the vehicle is parked without interruption for longer than 14 days, the customer must provide the operator with contact details (name, address, telephone number, etc.); otherwise the operator is entitled to charge for the costs associated with the investigation. The Operator is entitled to demand payment of fees accrued for longer parking processes 30 days after the vehicle has been parked.

2.6 In order to monitor compliance with the terms of use, visual documentation will be prepared in the event of violations and stored for evidence purposes.

The following also applies to operating sites without barrier control:

2.7 Depending on the location-specific definition, the operating site must be vacated after the maximum permitted parking time has been exceeded. At the beginning of the parking process, a parking ticket must be purchased immediately from the parking ticket machine and placed behind the windscreen so that it is clearly legible from the outside or the arrival time must be displayed on the parking meter or the parking tariff must be paid using an accepted digital parking product (e.g. APCOA FLOW). At certain locations, it is also necessary to enter the vehicle licence plate number to purchase a parking ticket. The parking meter must be set or the booking made via the digital parking product before leaving the vehicle. The parking ticket issued by the parking ticket machine or the confirmation of an active parking process - depending on the selected parking time requirement and the resulting amount of the parking tariff paid - indicates the end of the parking time. The maximum parking time must be adhered to. If the use of parking meters is permitted, the maximum parking duration indicated at the location must be observed. The instructions on the notice board must be observed. For long-term parkers, use is by means of a long-term parking authorisation or with the number plate specified in the usage contract (long-term parking subscription).

2.8 In the event of violations of the provisions governing the use of the business location, in particular exceeding the maximum permitted parking time, failure to provide a parking ticket, failure to indicate the arrival time by means of a parking meter or failure to make a digital booking, as well as in the event of other illegally parked vehicles, a penalty will be charged by means of a payment slip and the resulting expenses must be reimbursed. The respective stipulation according to the notice (tariff information) applies. We expressly reserve the right to assert further claims, such as claims for damages.

2.9 The parking ticket or parking meter must be secured and clearly legible from the outside behind the windscreen so that APCOA or an authorised third party can check the respective parking authorisation or arrival time at any time using the parking ticket or parking meter. In the case of digital parking products, the parking authorisation is checked via the number plate. This means that the licence plate number of the parked vehicle must correspond to the number plate specified in the digital booking. Parking tickets that are not legible or have been deposited incorrectly will not be recognised as valid parking authorisation.

3 Subject matter of the contract

3.1 By concluding the user contract, the customer acquires the authorisation to park a vehicle that is safe to drive and operate in a marked, free and suitable parking space; existing restrictions (e.g. reservations or limited parking duration) must be strictly observed. Marked disabled parking spaces may only be used by disabled persons with a valid, clearly visible parking permit for disabled persons in accordance with § 29b StVO or a disabled person's pass with the entry "Unreasonable use of public transport". In the event of non-compliance, point 5 applies equally.

3.2 A right to park the vehicle in a specific parking space only exists if agreed in writing with the operator. The current version of the German Road Traffic Regulations (StVO) applies accordingly at the operating site. The prescribed speed limit must be observed. The parking of vehicles without a police licence plate is only permitted after prior written agreement with the operator.

3.3 The guarding and safekeeping of the vehicle, its accessories and any objects in the vehicle or items brought in with the vehicle is not part of the contract.

3.4 Points 3, 7, 10, 11 and 12 shall apply to all persons present at the operating site, notwithstanding the above provisions.

3.5 For the charging of electric vehicles, if provided, the terms of use and charges displayed at the charging stations apply.

4 Liability provisions

4.1 The operator is in no way liable for the behaviour of third parties, including theft, burglary, damage, etc., regardless of whether these third parties are on the premises with or without authorisation. The operator shall only be liable for damage to property resulting from a breakdown of the system and for other damage to property caused by wilful intent or gross negligence on the part of the operator or its agents. The above exclusions of liability shall not apply to personal injury.

4.2 Furthermore, the operator is not liable for damages caused directly or indirectly by force majeure.

4.3 The Customer undertakes to properly secure and lock the parked vehicle and then to leave the operating site without delay.

4.4 The instructions of the staff must be followed in the interests of smooth operation.

4.5 Any damage to operating equipment or to other vehicles by the customer must be reported to the operator immediately and before leaving the premises, as must any damage to the customer's own vehicle.

5 Parking the vehicle

The vehicle must be parked as follows:

Exclusively within the designated parking and parking areas
Third parties must not be hindered
Specially designated areas may not be used without authorisation, e.g. parking spaces for the disabled, parking in front of e-charging stations without charging, special parking spaces, other reserved areas, etc.

In addition, the signage on site must be observed.

Otherwise, the operator is entitled to charge a penalty according to the notice (tariff information).

6 Period of validity, removal of the vehicle

6.1 The maximum parking period is 30 days unless there is a special agreement (e.g. long-term parking subscription). After expiry of these 30 days, the vehicle is deemed to have been parked illegally within the meaning of point 2.8 and the resulting expenses must be reimbursed. Any further claims, such as claims for damages, are expressly reserved.

6.2 The Operator is authorised to remove the parked vehicle at the expense and risk of the Customer if

the maximum parking period has expired, provided that the customer or the vehicle's licence holder has been notified in writing beforehand or has failed to do so or cannot be delivered, or
the parking fee due exceeds the obvious value of the vehicle (low value); the low value of the vehicle must be determined by a competent person;
it endangers or impedes operation due to the leakage of fuel, other liquids or vapours or due to other - in particular safety-relevant - defects (e.g. no valid or expired inspection sticker);
it is not registered with the police or loses its police registration during the parking period;
it is parked in violation of traffic regulations or the contract, in an obstructive manner or in reserved spaces - in particular if towing would be justified under the German Road Traffic Regulations (StVO);
a vehicle is parked entirely outside a marked parking space;
a vehicle obstructs more than one marked parking space;
the permitted charging time or parking time at a charging point for battery-powered electric or plug-in hybrid vehicles is exceeded.

6.3 In such cases, the Operator is free to move and possibly secure the vehicle within the operating site in such a way that it can no longer be driven away by the Customer without the intervention of the Operator.

6.4 Until the vehicle is removed from the operating location, the Operator is entitled to a fee corresponding to the current parking tariff in addition to the costs of removing the vehicle.

6.5 A vehicle of low value - in particular without licence plates - entitles the Operator to dispose of the vehicle. Claims by any previous owners shall be limited to the proceeds of realisation (in accordance with § 471 ABGB after deduction of all costs), which shall be handed over to the demonstrably entitled party within two months. The Operator is also entitled to realise the vehicle if the storage costs threaten to exceed the value of the vehicle as determined by an expert third party and more than six months have passed since the vehicle was removed.

6.6 Furthermore, the Operator is entitled to scrap the vehicle after a storage period of more than six months after removal if a competent third party has determined that the vehicle can no longer be utilised. This does not release the vehicle owner from reimbursement of the costs incurred up to that point and the fee applicable in accordance with the current car park tariff or compensation for other damages incurred by the operator in this connection.

7 Regulatory provisions

7.1 Vehicles brought into the operating site must be roadworthy and operationally safe and authorised for traffic. Any removal of licence plates, e.g. for the purpose of re-registration, is only permitted with the written consent of the Operator.

7.2 The following are prohibited in particular

Smoking and the use of fire and naked flames;
the placing and storage of objects of any kind, in particular flammable and explosive substances;
Maintenance, care and repair work, in particular refuelling vehicles, charging starter batteries and draining the cooling water;
running and testing the engine for long periods and sounding the horn;
parking a vehicle with a leaking operating system (in particular fuel, oil or other fluids) or other defects, in particular safety-related defects, and vehicles that do not comply with traffic regulations (e.g. invalid or expired inspection sticker);
parking vehicles without a police licence plate or without affixing a replacement licence plate without the operator's consent;
parking the vehicle in contravention of traffic regulations or the contract, e.g. in lanes, in front of emergency exits, on pedestrian paths, in front of doors (gates) and exits, in the movement area of doors and gates;
distributing advertising material without the written consent of the operator;
Driving on the premises with skateboards, scooters or inline skates, etc.

8. loss of or damage to the parking authorisation medium

8.1 The parking authorisation medium must be stored carefully and properly. The customer bears the risk of damage and loss.

8.2 If the parking authorisation medium is no longer functional due to damage, this entitles the operator to charge for the costs incurred and the parking tariff.

8.3 If the parking authorisation medium is lost, the operator must be informed immediately; a replacement tariff must be paid according to the notice (tariff information), unless the actual parking time (short-term parking) of the vehicle can be proven. In this case, additional processing costs amounting to half the penalty as per the notice (tariff information) must be paid.

8.4 In the event of entry without using the long-term parking authorisation, the corresponding short-term parking tariff will be charged without this being credited to the long-term parking fee paid.

8.5 If the on-call service is used outside the staffed time for reasons for which the operator is not responsible, for exit or for other services, the operator is entitled to charge for the expenses incurred.

9 Right of retention

9.1 The Operator is entitled to a right of retention on the vehicle brought in to secure claims for payment and all claims against the Customer arising in connection with the garage, even if the vehicle does not belong to the Customer but to a third party.

9.2 In order to secure the right of retention, the Operator may use suitable means to prevent the removal of the vehicle (immobilisation). The exercise of the right of retention can be averted by providing security.

10 Behaviour in the event of fire

10.1 In the event of fire or the smell of fire, the fire alarm must be activated and the fire brigade (122) notified. The report must contain the following information: WHERE there is a fire (address, access routes), WHAT is on fire (building, car), HOW many casualties there are, WHO is calling (name). Any "Behaviour in case of fire" signs must be observed.

10.2 If necessary and possible, warn endangered persons and evacuate injured or helpless persons.

10.3 As far as possible and in consideration of your own safety, attempt to extinguish the fire with a suitable fire extinguisher, provided no other extinguishing devices (e.g. sprinkler system) are activated. Otherwise, leave the premises on foot as quickly as possible.

10.4 Do not use lifts in the event of fire!

11. image recordings

11.1 The operator uses image recordings for the following purposes:

to protect the garage in operation or to comply with due diligence obligations
Use of the vehicle licence plate as a parking authorisation medium (visual or automated)

These are operated in accordance with the provisions of Sections 12 and 13 DSG and the GDPR.

11.2 In particular, the image recordings are not used to monitor the vehicle (see point 3.3) and do not give rise to any liability on the part of the Operator (see point 4).

11.3 The Operator is authorised to evaluate the image recordings if either the monitored object itself or vehicles parked therein have been the subject of an infringement to the detriment of the Operator or owner of the garage.

11.4 Without prejudice to the right to information pursuant to Art. 15 GDPR, data subjects are not entitled to receive image recordings from the garage operator. However, the operator is entitled to transmit image recordings to the competent authority (such as a security authority in the context of an investigation initiated by a complaint) because the operator has reasonable grounds to suspect that the data could document a criminal offence to be prosecuted ex officio. Such a suspicion may also arise from a tip-off from a customer.

12 Place of fulfilment and place of jurisdiction

12.1 The place of fulfilment is the location of the business premises.

12.2 For all actions brought against a consumer who has his domicile, habitual residence or place of employment in Austria due to disputes arising from the contract of use, one of the courts in whose district the consumer has his domicile, habitual residence or place of employment shall have jurisdiction.

12.3 The court with subject-matter jurisdiction at the registered office of the Operator shall have local jurisdiction to decide all disputes with Customers arising from the contract of use to which the Consumer Protection Act is not mandatory. However, the Operator shall also have the right to take legal action at the Customer's general place of jurisdiction or at the court with subject-matter jurisdiction at the place of business.

13. data protection

The operator processes the necessary personal data of the customer for the purpose of contract fulfilment. Further information on data processing can be found in the data protection declaration in accordance with the GDPR, which is provided in the course of concluding a user contract and can be accessed at www.apcoa.at/datenschutz .

Last updated: 09.08.2024

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