1 General provisions

1.1 The use of the garage or parking/parking spaces (hereinafter referred to as "operating location") is only permitted after the conclusion of a user agreement. The contract of use is concluded by the operator APCOA PARKING Austria GmbH (hereinafter also referred to as "APCOA") with the user (long-term or short-term parker) of the operating location (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. by taking an entry ticket or parking ticket, using a credit card or using an authorised medium such as a licence 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 written user contract (long-term parking contract). 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 releasing an entry authorisation.

1.2 The contract of use is not subject to the provisions of the Rent Act (MRG).

1.3 Each customer agrees to be bound by 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.

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

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

1.6 Our privacy policy in accordance with the GDPR can be found at www.apcoa.at/datenschutz.

2 Subject matter of the contract

2.1 By concluding the contract of use, 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 parking spaces for disabled persons 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.

2.2 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.

2.3 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 Liability provisions

3.1 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 authorised or unauthorised to be on the premises. The operator shall only be liable for damage resulting from a breakdown of the system and for other material damage - to the extent permitted by law - for damage caused intentionally or through gross negligence on the part of the operator or its agents.

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

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

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

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

4 Tariffs, other charges and operating hours

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

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

4.3 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. If the exit takes place immediately after entry, for example 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.

4.4 After paying the parking fee, the customer (short-term parker) has a reasonable amount of time to collect his car before passing the exit barrier (exit tolerance). In the event of late exit, the period exceeding the paid parking time must be paid for.

4.5 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 thirty days after the vehicle has been brought in.

4.6 In the event of violations, visual documentation will be produced and stored for evidence purposes in order to monitor the car park.

The following also applies to business locations without barrier control:

4.7 Depending on the location-specific definition, the operating location must be left after the maximum permitted parking time has been exceeded, a parking ticket must be purchased from the machine immediately at the start of the parking process or the arrival time must be displayed with the parking meter or the parking tariff must be paid by text message. The parking meter must be set or the SMS booking made before leaving the vehicle. The parking ticket issued by the machine or the confirmation text message will indicate the end of the parking period, depending on the parking time selected and the resulting parking tariff paid. The maximum parking time must be adhered to. If the use of parking meters is permitted, the maximum parking time specified 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.

4.8 In the event of violations of the conditions of use of the business location, in particular exceeding the maximum permitted parking time, in the absence of a parking ticket, failure to state the arrival time using the parking meter or failure to make a text message booking and in the event of other illegally parked vehicles, a penalty fee will be charged by means of a payment slip, the resulting expenses will be reimbursed or an action for possession or injunctive relief will be brought. The respective stipulation according to the notice applies. The right to assert further claims, such as claims for damages, is expressly reserved, even in the event that an action is brought to disturb possession or for injunctive relief.

4.9 The parking ticket or parking meter must be secured and clearly legible from the outside behind the windscreen so that APCOA can check the respective parking authorisation or arrival time at any time using the parking ticket or parking meter.

5. parking the vehicle

The vehicle must be parked within the designated parking spaces in such a way that third parties are neither hindered nor other dedicated spaces are used without authorisation, e.g. disabled parking spaces, other reserved spaces, etc.; otherwise the operator is entitled to charge a penalty fee according to the notice.

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 contract). After expiry of these 30 days, the vehicle shall be deemed to have been parked illegally within the meaning of point 4.8 and the resulting expenses shall be reimbursed or, if necessary, action shall be taken against the vehicle owner by means of an action for interference with possession or injunction. 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 previously been notified in writing or has not been notified or cannot be notified, 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 and the contract, in an obstructive manner or in reserved spaces - in particular if towing would be justified in accordance with the 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 is exceeded.

6.3 In these cases, the Operator is free to move the vehicle within the operating site and, if necessary, to secure it 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 (pursuant to § 471 ABGB after deduction of all costs), which shall be handed over to the demonstrably entitled party within 2 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 storage costs incurred up to that point or other damages incurred by the operator in this connection.

7 Regulatory provisions

7.1 Vehicles that are brought into the operating site must be roadworthy and safe to operate and authorised to drive. 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, servicing and repair work, in particular refuelling vehicles, charging starter batteries and draining 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 ticket or long-term parking authorisation

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

8.2 If the parking ticket is no longer functional due to damage, this entitles the operator to charge the cost incurred and the parking tariff.

8.3 If the parking ticket is lost, the operator must be informed immediately; a replacement tariff must be paid in accordance with the notice, 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 fee according to the notice must be paid.

8.4 In the event of entry without using the long-term parking authorisation issued, 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 for exit or other services outside staffed hours for reasons for which the operator is not responsible, the operator is entitled to charge the penalty fee as per the notice.

9 Right of retention

9.1 The Operator is entitled to a right of retention on the vehicle brought in to secure payment claims 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 an image surveillance system for the purpose of protecting the operating site itself or for compliance with due diligence obligations, which is operated in accordance with the provisions of §12 and §13 DSG and the GDPR.

11.2 In particular, the image recordings do not serve to guard the vehicle (see point 2.3) and do not establish any liability on the part of the Operator (see point 3).

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.

11.4 Customers are exclusively entitled to the right to information in accordance with Art. 15 GDPR. In addition, 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 a reasonable suspicion 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 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.

Last updated: May 2018