Terms of use for permanent e-parkers

General terms of use for permanent e-parkers (Use of an e-charging station for long-term e-parkers with e-vehicles)

Preamble

1) APCOA operates its own e-charging stations for long-term e-parkers in individual garage car parks.

2) The subject of these General Terms of Use is the definition of the terms of use for the use of the e-charging station specifically assigned to the e-permanent parker in accordance with the appendix to the garage usage agreement for e-vehicles at the agreed garage parking space(e-usage agreement). This is subject to the usage times, electric charging capacities and fees agreed in the e-utilisation agreement.

1) Subject matter and conclusion of the e-utilisation agreement for e-vehicles

1) The object of the e-utilisation agreement is the provision of charging facilities for e-vehicles in accordance with the following provisions of the e-utilisation agreement.

2) The long-term e-parker acknowledges that the specifically allocated parking space can be used by other customers outside the agreed usage times, both for parking and for charging.

A prerequisite for the conclusion of the e-utilisation agreement is a valid garage usage agreement between the eParker and the garage operator.

The e-utilisation agreement is concluded when the garage operator confirms the agreement and the specific parking space is determined.

This commitment also states the date from which the e-charging station will be available to the long-term parker.

2. scope of services

1) The long-term e-parker is entitled to charge their electric vehicle in accordance with the provisions of the e-utilisation agreement, in the specifically agreed garage, at the individually agreed times, in the specifically allocated parking space, with regard to the specifically agreed charging capacity, for the agreed fees.

2) The garage operator is authorised to allocate the long-term e-parker a specific parking space other than that agreed in the e-usage agreement.

3) Conditions of use and independent contract

1) A valid garage usage agreement must exist between the long-term e-parker and the garage operator for the entire term of the agreement (usage requirement for the e-utilisation agreement).

2) The e-utilisation agreement in question applies to a specific e-charging station for e-vehicles and constitutes a separate, independent usage agreement (independent additional use). The underlying garage usage agreement is not amended, modified or extended by the present e-utilisation agreement with regard to a specific e-charging station for motor vehicles within the garage in question.

3) All provisions of the garage usage agreement not expressly relating to the use of an e-charging station for motor vehicles shall remain unchanged.

4) Any disruptions to performance under the e-utilisation agreement shall therefore not affect the services and consideration agreed for the garage usage agreement.

4 Obligations of the long-term e-parker

The permanent e-parker undertakes to

1) to use the e-charging station in accordance with this E-Use Agreement; whereby the use of the charging facility is only permitted for the agreed purpose (e.g. no connection of refrigerated vans, hoovers, e-scooters and the like).

2) not to drive into the garage with a damaged electric vehicle.

3) only connect rechargeable e-vehicles authorised for road traffic to the e-charging station, the individual components of which (e.g. charging cable, charging cable plug, etc.) comply with all applicable legal regulations and are in a ready-to-use, safe and professionally maintained condition;

4) to display the registration plate on the e-vehicle during the entire charging period of the e-vehicle (for the purpose of checking authorised use);

5) only charge electric vehicles with non-gassing batteries;

6) comply with the technical specifications of the e-vehicle manufacturer with regard to the duration and maximum power of the charging process;

7) to check the e-charging station for functionality and external damage (especially cables and plugs) before charging and to inform the garage operator of any damage to the e-charging station before starting the e-charging process and to document this as best as possible (e.g. by taking a photo with a mobile phone);

8) to connect the plug of their charging cable to the corresponding socket of the charging station before starting the charging process. In doing so, the long-term electric parker must observe the technical specifications of the electric vehicle or the vehicle manufacturer's instructions;

9) if a warning light lights up, a warning message is displayed and/or a warning signal sounds at the charging station and/or electric vehicle, to take all necessary measures to ensure their own safety and that of third parties, in particular to disconnect the electric vehicle from the charging station if this is not dangerous and possible (i.e. if there are no signs of sparks or sparking, fire or glowing spots, smoke or fire development, etc.);

10) to immediately report any damage, mechanical or technical faults or operational failure of the e-charging station or blockage of the reserved parking space to the garage operator, either via the garage's communication systems or by their own means of communication and - if this is not dangerous - to remain at the e-charging station until contact has been made with the garage operator.

11) not to lay charging cables in the area of driveways and footpaths and to ensure that these do not pose a tripping hazard;

12) not to carry out any work in the garage, neither on the electric vehicle itself nor any other work;

13) not to change the signage at the car park.

5 Obligations of the garage operator

1) The obligations of the garage operator are limited to the provision of the garage in accordance with the provisions of the garage usage agreement and the e-charging station in accordance with the provisions of the e-usage agreement and thus to the continued possibility of supplying power to the e-vehicle via the e-charging station for the duration of the period of use agreed with the long-term e-parker and within the period of use agreed with the long-term e-parker.

2) The garage operator is authorised to temporarily restrict or interrupt the availability of its charging stations in all cases that make it necessary to interrupt operations, in particular

  • in the event of interruptions to operation due to technical faults and their rectification or due to necessary repair, maintenance and updating work;
  • in the event of overload or underload in the power supply network;
  • in cases of force majeure, i.e. extraordinary events (e.g. natural disasters, strikes, epidemics, etc.) that are beyond the control of the garage operator.

3) In the event of a permanent malfunction of the charging station, the garage operator is under no obligation to get the e-charging station up and running again within a certain time/period. In this case, a replacement solution must be provided within two working days. The same rule applies if a flat-rate fee has been agreed for parking and charging.

6 Liabilities

1) of the long-term e-parker:

  • The parking of the e-vehicle at the e-charging station and the charging process are at the risk of the long-term e-parker.
  • The permanent e-parker is liable for damage for which he/she is responsible to the extent permitted by law. This includes, in particular, damage to the e-charging stations and/or direct or indirect damage to persons and property caused by the permanent e-parker culpably violating this e-user agreement or statutory provisions. In the event of damage caused by the long-term e-parker, the latter must also indemnify and hold the garage operator harmless against third parties.
  • In the event of improper use of the e-charging station or tampering with charging equipment (e.g. charging cable, charging connection in the vehicle, tampering with batteries), the permanent e-parker expressly agrees to pay a penalty of 3 months' usage fees, but at least EUR 150, for the use of the e-charging station, in addition to any further claims for damages by the garage operator. This provision does not apply to consumers within the meaning of the Consumer Protection Act.

2) of the garage operator:

  • Insofar as liability is based on fault, the garage operator shall only be liable, with the exception of personal injury, for damage caused by the garage operator or its vicarious agents through intent or gross negligence.
  • The garage operator is not liable for damage caused by the unavailability or malfunction of the e-charging station. Furthermore, the garage operator shall only be liable to the permanent e-parker to the extent that the electricity supplier is liable for the e-charging station. Any liability gaps shall not be borne by the garage operator; this provision shall not apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG).
  • The above exclusions and limitations of liability also apply to the liability of the garage operator's employees, representatives and other vicarious agents with regard to their personal liability.
  • The garage operator's liability for consequential damages, indirect damages and loss of profit is excluded.
  • Liability claims of the E-Dauerparker must be asserted within a period of six months from the date of knowledge of the damage and the damaging party.

3) The aforementioned limitations of liability and shortening of time limits do not apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG).

7 Charges, invoicing, payment

1) The costs for the e-charging processes carried out are included in the agreed usage fee as a lump sum, unless another form of invoicing has been agreed

2) The garage operator is entitled to block the use of the charging station for the permanent e-parker if the latter is in arrears with more than one month's usage fee despite late payment and unsuccessful reminders.

8. exclusion of use

1) The garage operator reserves the right to temporarily or permanently exclude the eParker from using the charging services if

  • the long-term e-parker violates the provisions of this e-utilisation agreement,
  • the long-term e-parker does not pay the invoiced charging services on time,
  • the long-term e-parker behaves in any other way in breach of trust or the law,

2) The garage operator informs the E-Parker in writing by e-mail that the usage authorisation has been blocked.

9. duration and cancellation of the contract

1) If no fixed term has been agreed, the contract is concluded for an indefinite period. The contracting parties are entitled to terminate this contract by giving one month's notice to the end of each calendar month. In any case, the use of the e-charging station ends when the long-term parking usage contract ends.

2) For special tariffs, the e-usage agreement is only concluded for a fixed term of one year (fixed term) and is automatically extended for a further year if it is not cancelled by either the permanent e-parker or the garage operator with 2 months' notice to the end of the fixed term.

3) This does not affect the statutory right to terminate the e-utilisation agreement for good cause with immediate effect.

In particular, the e-garage operator may terminate for good cause

  • upon termination of the garage operator's contract regarding the management of the garage (lease, rent, management and the like)
  • if the permanent e-parker is in arrears with the agreed e-utilisation fee for the use of the charging station
  • in the event of grossly unfavourable use of the e-charging station by the permanent e-parker

4) Ordinary and extraordinary cancellation must be made in writing by e-mail to the last known address of the contractual partner.

10) Amendments to the e-utilisation agreement

1) The garage operator may subsequently amend this E-Use Agreement at any time. The long-term parker shall be notified of any amendments in writing (by e-mail or other suitable means) at least one month in advance. The amendments shall be deemed to have been agreed if the long-term parker does not raise an objection in writing within one month of notification of the amendment. The E-Parker will be specifically informed of this consequence when the garage operator announces changes. In the event of an objection to an amendment to the E-usage agreement, the garage operator is entitled to prematurely terminate the contract with immediate effect.

11 Offsetting and transferability of rights

1) The E-Parker is not entitled to offset counterclaims against the Garage Operator unless the counterclaims are recognised by the Garage Operator, undisputed or legally established (final and absolute) or if the E-Parker's counterclaim is legally related to an obligation of the Garage Operator or if the Garage Operator is insolvent.

2) The garage operator may transfer the rights and obligations arising from this E-Use Agreement to third parties without the prior written consent of the E-Parker. This provision does not apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG).

3) The E-Parker may not transfer the rights and obligations arising from this E-Use Agreement to a third party.

12. miscellaneous

1) This E-Use Agreement shall be governed exclusively by Austrian law.

2) All disputes arising from the contract shall be subject to the exclusive jurisdiction of the competent commercial courts in Vienna, unless the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG).

3) Verbal collateral agreements are not permitted or part of the contract. Amendments, supplements or cancellations of this e-usage agreement must be made in writing. This also applies to any waiver of this written form requirement.

4) Should one or more provisions of this e-utilisation agreement be invalid or void, the validity of the remaining provisions of this e-utilisation agreement shall remain unaffected. The parties undertake to close any gaps that arise in accordance with the meaning and presumed intention of the contracting parties.

13. right of cancellation FAGG - excerpt from the FAGG

1) The permanent e-parker has the right to cancel this e-usage agreement within fourteen days without giving reasons.

The cancellation period begins on the day the contract is concluded and is 14 (fourteen) days.

In order to exercise their right of cancellation, the eParker must inform APCOA of their decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or email). The eParker may, but is not obliged to, use the attached sample cancellation form.

To comply with the cancellation period, it is sufficient for the eParker to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

2) Consequences of cancellation

If the E-Permanent Parker cancels this E-User Agreement, the Garage Operator shall reimburse the E-Permanent Parker for any payments for services not provided without delay and at the latest within 14 (fourteen) days from the day on which the Garage Operator receives notification of the cancellation of this E-User Agreement by the E-Permanent Parker.

For this repayment, the garage operator shall use the same means of payment that the eParker used for the original transaction, unless expressly agreed otherwise with the eParker; under no circumstances shall the eParker be charged any fees for this repayment.

If the permanent e-parker has requested that the charging services pursuant to the e-use agreement should commence during the cancellation period, the permanent e-parker shall pay the garage operator a proportionate, appropriate amount corresponding to the share of the charging services already provided up to the time at which the permanent e-parker informs the garage operator of the exercise of the right of cancellation with regard to this e-use agreement compared to the total scope of the charging services provided for in the e-use agreement.

3) Sample cancellation form (Annex 1, Part B of the FAGG)

You are also welcome to use our sample cancellation form for cancellation. If you wish to cancel the contract, please complete this form and send it back to APCOA

E-mail: dauerparken@apcoa.at

I/we hereby cancel the contract concluded by me/us for the provision of the following service: Use of the e-charging station specifically assigned to me at the agreed garage parking space in accordance with the appendix to the garage usage contract for e-vehicles. This at the usage times, electric charging capacities and fees agreed in the e-vehicle usage agreement.

Last updated: 22.11.2021

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