Terms of use for STAU-BOXEN

Terms of use for vehicle trailers "APCOA STAU-BOX" Preamble

1) APCOA Austria GmbH, FN 249499 k of the Commercial Court of Vienna (hereinafter referred to as "APCOA") rents out vehicle trailers (hereinafter referred to as "STAU-BOX") at selected garage locations, which are set up on permanently allocated parking spaces and which can be rented by customers (hereinafter referred to as "Renter") for the purposes specified in these Terms of Use, to serve as storage for the Renter (The STAU-BOX is used to store bulky items that are directly related to transport in or on a vehicle, such as ski racks, skis, roof boxes, bicycle racks, bicycles, scooters, tyres, prams, animal transport boxes, etc.).).

2) The subject matter of these Terms of Use is the definition of the terms of use for the use of the rented STAU-BOX at the agreed garage parking space (hereinafter referred to as "Rental Agreement").

3) The business relationship between APCOA as the lessor of the STAU-BOX and the respective customer shall be governed exclusively by these Terms of Use, in the version valid at the time the contract is concluded.

1) Subject matter and conclusion of the APCOA STAU-BOX Rental Agreement

1) The subject matter of the rental agreement is the rental of the STAU-BOX by APCOA to the Lessee in accordance with the following provisions.

2) The guarding and safekeeping of the STAU-BOX, as well as any items located in the STAU-BOX, is not the subject matter of the contract.

3) The Renter can submit a booking enquiry for the rental of the STAU-BOX via the customer portal at www.portal.apcoa.at. By clicking on the "Order now for a fee" button during the online booking process, the Renter submits a binding offer to conclude the rental contract for the STAU-BOX. The contract is deemed to have been concluded if APCOA sends a confirmation e-mail to the e-mail address provided by the tenant within a period of [five] working days, in which APCOA states whether it accepts the offer or not.

4) The submission of an offer to conclude a tenancy agreement by the tenant does not constitute an obligation on the part of APCOA to conclude a contractual relationship. It is therefore at APCOA's discretion whether or not APCOA accepts this contract within [five] working days of receipt of the offer by the tenant by means of a confirmation email.

2 Rental object

1) The STAU-BOX specified in the rental agreement is rented. If the exact location of the STAU-BOX is not specified in the rental agreement, APCOA will inform the tenant of this separately. The Lessee is entitled to use the STAU-BOX in accordance with the provisions of the rental agreement and these Terms of Use in the specifically agreed garage, in the specifically agreed parking space, for the agreed fee.

2) For the proper organisation of operations, the respective valid terms of use and notices on site apply in each garage operation. Accordingly, APCOA concludes the present STAU-BOX rental agreement exclusively on the basis of the terms of use of the respective garage operation in the respective valid version. In addition, the German Road Traffic Regulations (StVO) shall apply mutatis mutandis in the respective valid version.

3) The rental relationship between APCOA and the tenant is not subject to the provisions of the Tenancy Act (MRG).

4) The tenant is not permitted to use the STAU-BOX as living space or office space or for other business purposes. The Tenant is not permitted to transfer, sublet or otherwise transfer the use of the STAU-BOX to third parties, even for a short period of time, in whole or in part, against payment or free of charge. The Lessee is not permitted to affix advertising boards, posters, signs or other devices to the exterior or interior walls of the STAU-BOX or to make any other changes, even if these do not impair the condition and/or integrity of the STAU-BOX.

5) APCOA reserves the right to use the exterior surfaces of the STAU-BOX for advertising purposes or other notices itself or to rent them out to third parties.

3) Access to the STAU-BOX

1) Upon payment of the first fee and after the contractual STAU-BOX has been handed over, the Lessee shall have access to the STAU-BOX rented by it during the general opening hours of the respective garage location.

2) Access to the respective STAU-BOX at the respective garage location can be by car or on foot. The Renter gains access to the respective garage operation by providing a suitable medium.

3) In the case of access to the respective STAU-BOX by vehicle, the access authorisation to the STAU-BOX in the respective garage operation refers to the vehicle registration number specified by the Renter upon conclusion of the contract. The access authorisation includes a free parking time of 60 minutes per access to the STAU-BOX and day. Access with other vehicles is only permitted after prior updating of the vehicle licence plate number in the customer portal. The access authorisation may only be used for loading or unloading the STAU-BOX. Other vehicles must not be hindered in the process and other vehicles must be allowed to park in or out at short notice. The renter must therefore always remain in the immediate vicinity of his vehicle. APCOA reserves the right to remove the vehicle or have it removed by a third party at the expense and risk of the vehicle owner or renter in accordance with the applicable terms of use if the vehicle is parked in such a way as to obstruct traffic without the renter being in the immediate vicinity of the vehicle. In such cases, the renter is obliged to pay compensation for the resulting damage.

4) If the STAU-BOX is accessed without using the vehicle licence plate number specified in the customer portal, the corresponding short-term parking rate of the respective garage will be charged without this being credited to the fee for the STAU-BOX.

5) If access to the respective garage operation and thus also to the STAU-BOX is temporarily or only possible to a limited extent due to a technical defect or for other reasons, the tenant is only entitled to claims for damages against APCOA if APCOA itself has caused this technical defect through gross negligence or wilful intent. In particular, such a technical defect does not entitle the tenant to a reduction in the rent due.

6) If the tenant 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 access authorisation while maintaining the contract until the outstanding fee and/or any ancillary costs have been paid.

4. takeover and return of the STAU-BOX

1) When taking over the STAU-BOX, the Lessee must check the STAU-BOX and its locking device. The Lessee shall immediately report any damage and/or contamination to APCOA in writing by e-mail to office@apcoa.at.

2) The Lessee is obliged to permanently attach its own padlock to the STAU-BOX for the purpose of locking the STAU-BOX for the duration of the rental agreement. Furthermore, the Tenant is responsible for the proper storage of its storage items.

3) At the end of the contract, the Tenant is obliged to hand over the STAU-BOX emptied and cleaned and in the same condition as it was taken over. If the tenant has not fulfilled this obligation, APCOA is entitled to clean the STAU-BOX handed over by the tenant in an open condition after the end of the rental contract and to charge the tenant the full amount of the cleaning costs - if necessary also in full or in part against the deposit. If the tenant leaves items in the STAU-BOX after the end of the contract, APCOA is entitled to move them to another location chosen by APCOA for safekeeping at the tenant's expense and to demand reasonable compensation for the removal and safekeeping services rendered and to destroy or dispose of them after a final collection deadline of 3 months ("final reminder") has expired.

4) If the tenant does not properly vacate the STAU-BOX at the end of the contractual relationship and/or does not return it opened to APCOA, APCOA shall be entitled to a usage fee in at least the amount of the fee resulting from the rental agreement. Each month or part thereof will be charged in full.

5 Use of the STAU-BOX

1) The STAU-BOX is used to store bulky items that are directly related to transport in or on a vehicle, such as ski racks, skis, roof boxes, bicycle racks, bicycles, scooters, tyres, prams, animal transport boxes, etc.

2) Vehicles brought in by the Hirer, such as bicycles, scooters and the like, must be pushed inside the garage.

3) The tenant is obliged to report any damage to the STAU-BOX to APCOA immediately and to act in accordance with the instructions of APCOA employees.

4) Under no circumstances may the following be stored in the STAU-BOX: perishable goods or food, living creatures, dangerous objects such as weapons, explosives or other potentially explosive substances, highly flammable materials or substances, radioactive material and generally no hazardous substances, drugs or other addictive substances, unlawfully acquired or prohibited objects or substances; cash, jewellery, stamp and coin collections, genuine carpets as well as works of art and antiques; clothing (especially fur coats).

5) The STAU-BOX itself is secured by a lockable device in the respective garage. The Tenant is prohibited from transporting the STAU-BOX on a vehicle inside and outside the garage. There is no right to move the STAU-BOX to another parking space.

6) The Renter is responsible for locking the STAU-BOX securely. A device for locking the STAU-BOX is provided. The Lessee is responsible for locking it with a padlock provided by the Lessee.

7) The Renter undertakes to properly secure and lock the STAU-BOX and then to leave the car park without delay.

8) Only frost-proof objects may be stored and kept in the STAU-BOX.

9) The car park and its facilities must be treated carefully and appropriately.

10) The instructions of the operating staff must be followed in the interests of all customers and tenants.

11) The tenant and any other person is prohibited from using the STAU-BOX in such a way that other customers or tenants or APCOA are or could be disturbed or impaired.

12) Furthermore, the Tenant is prohibited from carrying out manual activities in the respective garage operation, with the exception of loading and unloading the STAU-BOX with objects.

13) The tenant is prohibited from placing or storing objects outside the STAU-BOX or attaching anything to the wall, ceiling or floor of the STAU-BOX or making any changes in or to the STAU-BOX without the authorisation of APCOA.

6 Liability of APCOA

1) The Tenant stores the items stored by him in the STAU-BOX at his own risk and APCOA is not liable for items stored in the STAU-BOX

2) The Tenant acknowledges that the STAU-BOX is not equipped with burglar-proof locking devices or alarm systems, which is why the items stored in the STAU-BOX are secured solely by the padlock fitted by the Tenant.

3) The guarding and safekeeping of the STAU-BOX and any items stored in the STAU-BOX 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. Unless APCOA has caused the theft or damage wilfully or through gross negligence.

4) Insofar as liability is based on fault, APCOA is only liable, with the exception of personal injury, for damage caused by APCOA or its vicarious agents through wilful intent or gross negligence.

5) In the event of damage resulting from a breakdown of the system and in the event of damage to property, APCOA is only liable - to the extent permitted by law - for damage caused intentionally or through gross negligence on the part of APCOA or its vicarious agents. Express reference is made to the legal obligation to minimise damages.

6) APCOA's liability for consequential damages, indirect damages and loss of profit is excluded.

7) The aforementioned limitations of liability (paragraphs 4 to 6) do not apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG).

7 Liability of the tenant

1) The storage of the Tenant's items in the STAU-BOX is at the Tenant's risk.

2) The Tenant shall be liable for damages for which it is responsible to the extent permitted by law. This includes, in particular, damage to the STAU-BOX and/or direct or indirect damage to persons and objects caused by the Tenant culpably violating the rental agreement or statutory provisions. In the event of damage caused by the tenant, the tenant must also indemnify and hold APCOA harmless against third parties.

8 Insurance

1) The tenant acknowledges that the items in the STAU-BOX have not been insured by APCOA against damage, destruction, theft or otherwise. APCOA recommends the Tenant to adequately insure the items stored in the STAU-BOX against possible risks.

9. rent

1) The rent for the STAU-BOX corresponds to the amount stated in the online booking.

2) The rent and any ancillary costs are due for payment in advance on the first of each month.

3) The tenant is only entitled to offset any claims he may have against APCOA against the fee and any ancillary costs if his counterclaims are recognised, undisputed or legally established (final and absolute) counterclaims or if the customer's counterclaim is legally related to an obligation of APCOA or if APCOA is insolvent.

4) If the rental object is not utilised, the fee cannot be refunded.

5) In the event of an upward or downward change in the basis for calculating the fee, the fee will be adjusted upwards or downwards. 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.

6) In the event that the tenant is in default of payment, APCOA may demand interest on arrears from consumers within the meaning of the Austrian Consumer Protection Act (KSchG) pursuant to Section 1000 (1) ABGB and from entrepreneurs pursuant to Section 456 UGB. In addition, reminder fees in the amount of EUR 5.00 shall be reimbursed to consumers and in accordance with Section 458 of the Austrian Commercial Code (UGB) to entrepreneurs, as well as any additional necessary costs of extrajudicial collection or recovery measures and return fees, insofar as they are necessary for appropriate collection. If a debt collection agency or lawyer is commissioned, the costs actually incurred shall be charged in the amount resulting from the applicable regulation, the permissible fees for debt collection agencies and the applicable lawyer's tariff.

7) In any case, APCOA reserves the right to claim any additional damages.

10) Settlement of damages caused and costs

After termination of the rental agreement, APCOA is entitled to make claims against the tenant in connection with the rental agreement for all obligations assumed in this rental agreement as well as damages and expenses caused by the tenant.

Damages and expenses may include, but are not limited to

  • The cleaning of the STAU-BOX;
  • The repair of any damage caused by the Tenant;
  • The payment of arrears or reminder fees;
  • and the disposal of items/goods left behind after termination of the contract.

These are to be paid within the period stated on the invoice.

11 Duration and cancellation of the contract

1) The rental relationship shall commence on the day the STAU-BOX is handed over or on the first day of the month following the conclusion of the contract, whichever is earlier.

2) The contract may be terminated in writing by either APCOA or the tenant at the end of any minimum term agreed in the rental contract, subject to one month's notice to the last day of each month.

3) APCOA is entitled to terminate this contract with immediate effect for good cause. Good cause exists in particular if the customer

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

b. is in default with the payment of any ancillary costs despite a reminder setting a four-week grace period;

c. the STAU-BOX is misused;

d. grossly violates other contractual conditions or the obligations arising from the Road Traffic Act or the Terms of Use.

4) Notwithstanding this agreement, APCOA has the right to terminate the rental relationship with immediate effect for reasons of § 1118 ABGB.

12 Amendments to the terms of use

1) APCOA may subsequently amend these terms of use at any time. The tenant will be notified of changes 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 tenant does not raise an objection in writing within one month of notification of the amendment. The tenant will be specifically informed of this consequence when changes are announced by APCOA. In the event of an objection to an amendment to the terms of use, APCOA is entitled to terminate the contract prematurely with immediate effect.

13 Other provisions

1) Notifications are deemed to have been lawfully made if they are sent to the other party at the address entered in the customer portal (by post or e-mail). The tenant 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.

2) Any legal transaction fee incurred shall be borne by the renter.

3) In accordance with §12 and §13 DSG, as well as the GDPR, the lessee gives his express consent to the automated processing of personal data. This also applies in particular to image recording at entrances and exits, automatic pay stations and entrances, as well as licence plate evaluation at entrances and exits of the respective garage operations. You can find our privacy policy in accordance with GDPR here.

4) This rental agreement is governed exclusively by Austrian law.

5) For all disputes arising from the contract, the courts in Vienna with subject-matter jurisdiction for commercial jurisdiction shall have exclusive jurisdiction, unless the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG).

14. right of cancellation FAGG - excerpt from the FAGG

1) The tenant has the right to cancel this rental contract within fourteen days without giving reasons.

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

To exercise his/her right of cancellation, the tenant must inform APCOA of his/her decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email). The tenant may, but is not obliged to, use the attached sample cancellation form.

To comply with the cancellation period, it is sufficient for the tenant 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 tenant cancels this rental agreement, APCOA must repay the tenant any payments for services not provided immediately and at the latest within 14 (fourteen) days from the day on which APCOA receives notification of the tenant's cancellation of this rental agreement.

For this repayment, APCOA will use the same means of payment that the tenant used for the original transaction, unless expressly agreed otherwise with the tenant; in no case will the tenant be charged any fees for this repayment.

If the tenant has requested that the rental should commence during the cancellation period, the tenant must pay APCOA a proportionate, appropriate amount corresponding to the share of the services already provided up to the time at which the tenant informs APCOA of the exercise of the right of cancellation with regard to this rental agreement compared to the total scope of the services provided for in the rental agreement.

3) Sample cancellation form (Appendix 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 return it to APCOA Austria GmbH.

E-mail: office@apcoa.at

I/we hereby cancel the contract concluded by me/us for the provision of the following service: Use of the STAU-BOX specifically assigned to me in accordance with the rental contract at the agreed garage parking space. This at the times of use and fees agreed in the rental agreement.

Ordered on: ............................................................

Received on: ............................................................

Name of the consumer: ............................................................

Address of the consumer: ............................................................

Signature of the consumer (only for notification on paper): ............................................................

Date: ............................................................

 

Created and valid from: 28.03.2024