Terms of use - Online Shop

1 General - Scope of application

These Terms of Use Online Shop apply to all online orders and the conclusion of a contract of use for long-term parkers (long-term parking subscription) with APCOA Austria GmbH, Landstraßer Hauptstraße 146/13A, 1030 Vienna on the website www.apcoa.at in the version valid at the time of the order. The NL Online Shop can be downloaded to a computer, saved, played back and printed out.

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

Telephone: +43 1 717 16-0; e-mail: office@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 long-term parking subscription in accordance with the valid long-term parking subscription terms of use. By clicking on the "order with obligation to pay" button, the customer submits a binding offer to conclude a contract of use (long-term parking subscription).

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 setting up an account once free of charge on the https://portal.apcoa.at portal. The creation of an account is completed when all mandatory fields (fields marked with an asterisk) have been filled in. The account can only be set up after reviewing and confirming the NB Online Shop and the associated privacy policy.

(b) To place an order, it is necessary to select the location, tariff and start date and place them in the shopping basket. This process is non-binding and does not constitute a contractual offer.

of APCOA Austria GmbH by confirmation (clicking a button).

(d) Before finalising the order, the customer receives a summary of the contents of the order including prices (location, tariff, any ancillary costs, deposit, minimum term, etc.). The text of the contract, the master data and the payment method can be accessed after the personal user login in the portal .apcoa.at portal. It is possible to revoke consent to direct advertising by e-mail at any time.

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

(f) By clicking on the "Order with obligation to pay" button, a binding offer to conclude the selected user contract for long-term parkers (long-term parking subscription) 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); this e-mail does not yet constitute acceptance of the contract.

(h) The contract of use (long-term parking subscription) is only concluded upon acceptance of the order by APCOA, which is sent in a separate e-mail (declaration of acceptance/contract confirmation) to the e-mail address provided by the customer. APCOA is authorised to accept the customer's offer within 2 weeks by sending a contract confirmation. The customer will either receive this contract confirmation or a rejection of the contract. APCOA is not obliged to accept the offer.

(i) The customer will be provided with the user contract, including the terms of use for long-term parking subscriptions and the terms of use for garages and parking spaces, electronically. The text of the contract will be stored by APCOA.

(j) After confirmation of the contract, the customer receives an access medium by post in the form of a long-term parking authorisation (code card, key, parking permit, etc.). With the long-term parking authorisation, the customer is entitled to park in the car park specified in the usage contract. Permanent parking authorisation can also be the vehicle registration number.

3 Prices and payments

3.1 The prices or tariffs of the individual parking products in the online shop apply at the time of completion of 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.

3.3 In the case of subscription contracts, the prices are adjusted annually (see long-term car park subscription terms of use). Information about this will be provided in good time so that the subscription contract can be cancelled within the specified period of notice.

3.4 Payment is made by direct debit (SEPA direct debit) or by invoice (the invoice option is only available for business customers).

3.5 The monthly usage fee or the monthly tariff must be paid to APCOA in accordance with the usage agreement and is due for payment in advance on the first of each month. If the agreed payment date has already passed when the contract is concluded, the usage fee will be offset against the next payment date. The customer will be sent a recurring invoice by post. In the case of payment by SEPA direct debit, the monthly usage fee shall be debited from the customer's specified account on the agreed payment date for one calendar month in advance.

4 Duration of contract

The contract term and cancellation periods can be found in the terms of use for long-term parking subscriptions. The minimum term is generally 3 months. Deviating minimum terms can be found in the product description and are stated in the contract.

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 cancellation as a customer, the customer must inform APCOA (APCOA Austria GmbH, Landstraßer Hauptstraße 146/13A, 1030 Vienna, telephone: +43 1 717 16-17, e-mail: dauerparken@apcoa.at) of their decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or e-mail).

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 parking transactions shall in any case be charged according to the respective short-term parking rate.

5.7 The customer must return or hand over the (permanent) parking authorisation to APCOA immediately and in any case within fourteen days of the day on which the customer informs APCOA of the cancellation of this contract. The deadline is met if the customer sends the parking authorisation before the fourteen-day period has expired.

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 dauerparken(at)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 (TOU Online Shop) are invalid, this shall not result in the invalidity of the entire contract or these TOU Online Shop. The remaining content of the contract or the remaining TOU Online Shop shall remain unchanged.

6.5 APCOA reserves the right to amend and adapt the TOU 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

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