Terms of use - ÖBB Park & Ride Online Shop

1 General - Scope of application

These Terms and Conditions of Use of the ÖBB Park&Ride Online Shop apply to all online orders and the conclusion of a parking authorisation in connection with a public transport ticket with APCOA Austria GmbH, Landstraßer Hauptstraße 146/13A, 1030 Vienna on the website www.oebb.arivo.app in the version valid at the time of the order. The terms of use of the ÖBB Park&Ride Online Shop can be downloaded to a computer, saved, played back and printed out. The parking authorisation is valid for the selected location. There is no guarantee of a parking space.

2 Conclusion of contract

2.1 In the event of a contract being concluded, the contract is concluded with

APCOA Austria GmbH, Landstraßer Hauptstraße 146/13A, 1030 Vienna,

represented by the managing director Stefan Sadleder,

FN 249499 k, Commercial Court Vienna

E-mail: info@apcoa.at

is concluded.

2.2 The provision of the online system does not constitute a legally binding offer by the operator APCOA Austria GmbH (APCOA), but merely a non-binding invitation to the customer (customer) to submit an offer to the operator APCOA to conclude a parking authorisation in conjunction with a public transport ticket in accordance with the valid Park&Ride terms of use of the respective location (as posted on site). By clicking on the "Order with obligation to pay" button, the customer submits a binding offer to conclude a parking authorisation.

2.3 The text of the offer is only available in German.

2.4 The actual conclusion of the contract is subject to the following conditions:

(a) An order is only possible after completing the mandatory fields (fields marked with an asterisk). The order is only possible after reviewing and confirming the ÖBB Park&Ride Online Shop terms of use and the associated privacy policy.

(b) To place an order, it is necessary to select the location, tariff and start and end date corresponding to the ÖV-Ticket and to upload a clearly legible photo of the front and back of the ÖV-Ticket.

of APCOA Austria GmbH by confirming (clicking on a checkbox).

(d) Before finalising the order, the customer receives a summary of the contents of the order including prices (location, tariff, duration, etc.).

(e) Before the binding submission of the contract offer, input errors can be corrected or the order process cancelled.

(f) By clicking on the button "Order with obligation to pay", a binding offer to conclude the selected parking authorisation is submitted, which can no longer be cancelled or modified, unless there is a statutory right of withdrawal (see 5. below).

(g) Immediately after sending the offer, the customer receives an automatically generated e-mail confirmation of receipt of the order (order confirmation).

(h) The offer is accepted after the uploaded public transport ticket has been checked. If the selection of the parking product and the selected period match the public transport ticket, the offer is deemed accepted and the contract is concluded. If the check reveals that the entries do not match the authorisation of the public transport ticket, the authorisation is blocked and the contract is cancelled. Car parks already used will be charged according to the posted tariff tables. APCOA is not obliged to accept the offer.

(j) After confirmation of the contract, the customer will receive a confirmation e-mail with an additional QR code as an access and access medium as a replacement medium if the vehicle licence plate number is not recognised, as well as a link with which the licence plate number can be changed. With the ÖBB Park&Ride parking authorisation, the customer is entitled to park in the selected parking facility. For all other ÖBB Park&Ride locations, the valid public transport ticket must be used at the exit. The tariffs valid at the respective location according to the notice board apply. The medium for checking parking authorisation is always the vehicle registration plate.

3 Prices and payments

3.1 The prices and tariffs of the individual parking products in the ÖBB Park&Ride online shop apply at the time of completing the order process (pressing the button "order with obligation to pay").

3.2 The prices/rates stated on the website are in EURO including any statutory VAT.

3.4 Payment is made by credit card or EPS bank transfer in the ÖBB Park&Ride online shop.

3.5 The respective parking authorisation begins on the first day of the following month.

4. duration of the contract

The duration of the contract corresponds to the validity of the respective ÖV-Ticket.

5. right of cancellation, cancellation policy

The customer, who is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), is entitled to the following statutory right of withdrawal or cancellation:

5.1 The customer may withdraw from the contract of use concluded online within fourteen days without giving reasons.

5.2 The cancellation period is fourteen days from the date of conclusion of the contract. In order to exercise the right of withdrawal as a customer, the customer must inform APCOA (APCOA Austria GmbH, Landstraßer Hauptstraße 146/13A, 1030 Vienna, e-mail: info@apcoa.at) by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to withdraw from this contract.

5.4 The customer may use the attached model cancellation form for this purpose, but this is not mandatory. To meet the deadline, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

5.5 In the event of a validly declared cancellation, payments made by the customer shall be refunded immediately, at the latest within fourteen days of receipt of the notice of cancellation. The same means of payment used by the customer for the original transaction will be used for this refund, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged any fees for this refund.

5.6 If the customer has requested that the services should already begin during the cancellation period, the customer must pay a reasonable amount corresponding to the proportion of the services already provided up to the cancellation notice compared to the total scope of the services provided for in the contract. Individual car park transactions shall in any case be charged according to the respective car park tariff.

Sample cancellation form

(If the customer wishes to cancel the contract, this form must be completed and returned).

To APCOA Austria GmbH, Landstraßer Hauptstraße 146/13A, 1030 Vienna or by e-mail to info@apcoa.at.

- 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

(*) Delete as appropriate.

6 Miscellaneous

6.1 Austrian law shall apply to the exclusion of any conflict of law rules.

6.2 The contract, order and business language is German.

6.3 The competent court in Vienna shall have exclusive jurisdiction to decide on all disputes arising in connection with the contractual relationship. If the customer is a consumer within the meaning of the Consumer Protection Act, the court in whose district the customer's place of residence, habitual abode or place of employment is located shall have jurisdiction for any legal disputes.

6.4 If individual provisions of these terms of use (ÖBB Park&Ride Online Shop) are invalid, this shall not result in the invalidity of the entire contract or this ÖBB Park&Ride Online Shop. The remaining content of the contract or the remaining ÖBB Park&Ride Online Shop shall remain unchanged.

6.5 APCOA reserves the right to amend and adapt the ÖBB Park&Ride Online Shop if necessary, whereby the amendment shall only apply to future contracts.

6.6 Customers residing in the EU can access the European Commission's online platform for online dispute resolution here: ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court dispute resolution arising from online purchase or service contracts in which a consumer is involved. If you have any questions, please contact APCOA Austria GmbH.

Last updated: March 2024