Terms of use for parking garages and parking lots

1.1 The use of the garages and parking areas (hereinafter referred to as the “operating site”) is only permitted upon conclusion of a contract of use. The contract of use shall be 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 CITYPARK business location (hereinafter referred to as “Customer”). In the case of short-term parkers, a short-term usage contract shall be concluded by obtaining an entry authorization (such as, for example, pulling the entry ticket or parking ticket, using a credit card or using an authorized medium, such as, for example, vehicle license plate, transponder, etc.) for a time-limited parking period as indicated on the notice board or, in the case of operating locations without barriers, by entering the operating location or, in the case of long-term parkers, by concluding a usage contract (long-term parking subscription). The usage contract shall also be deemed to have been concluded if a short-term parker enters the business location without releasing an entry authorization, for example due to a technical defect.

1.2 The contract of use shall not be subject to the provisions of the Austrian Tenancy Act (MRG). Likewise, the custodian liability (§§ 970 ff ABGB) is not applicable, since no custodian duties are assumed by the operator.

1.3 Each customer submits to these terms of use upon conclusion of the contract of use. In case of rejection of the terms of use, free exit is possible if it takes place immediately after entry.

2.1 The valid tariffs, other charges and the operating hours can be found on the notice board at the entrance.

2.2 Entry, exit and access are only possible within the operating hours (except for long-term parkers) by means of an entry permit (see item 1.1).

2.3 Short-term parkers may exit during operating hours after paying the parking fee at the pay station or at the exit device, unless the fee is already paid at the beginning of the parking process. When using digital access or payment options (e.g. APCOA FLOW), the respective contractual provisions of the respective provider shall also apply. If the exit occurs immediately after the entry, for example for reasons according to point 1.3, this is possible free of charge (=passage tolerance). For long-term parkers, the exit takes place by means of a long-term parking permit.

2.4 From the moment of payment of the parking fee in establishments with barrier control, the Customer (short-term parker) shall have a reasonable time to pick up his/her car until passing the exit barrier (exit tolerance). In case of late exit, the time exceeding the paid parking time must be paid for.

2.5 If the vehicle is parked continuously for a period longer than 14 days, the Customer shall provide the Operator with contact details (name, address, telephone number, etc.); otherwise, the Operator shall be entitled to charge for the expenses related to the investigation. The Operator is entitled to charge accrued fees for longer parking operations 30 days after the vehicle has been brought into the parking lot.

2.6 For the purpose of monitoring compliance with the terms of use, visual documentation shall be prepared in the event of violations and stored for evidentiary purposes.

In the case of operating sites without barrier control, the following applies additionally:

2.7 Depending on the site-specific determination, the operating site must be vacated after the maximum permissible parking time has been exceeded. At the beginning of the parking process, a parking ticket must be purchased immediately from the parking ticket machine and deposited behind the windshield so that it is clearly legible from the outside, or the arrival time must be indicated with the parking meter or the parking rate must be paid with an accepted digital parking product (e.g. APCOA FLOW). The setting of the parking meter or the booking via the digital parking product must be made before leaving the vehicle. The parking ticket issued by the parking ticket machine or the confirmation of an active parking process indicate – depending on the selected parking time requirement and the resulting amount of the parking tariff paid – the end of the parking time. The maximum parking time must be observed. If the use of parking meters is permitted, the maximum parking time indicated at the location must be observed. It is obligatory to observe the instructions on the notice board. Long-term parkers are allowed to use the parking spaces by means of a long-term parking permit or with the license plate specified in the usage contract (long-term parking subscription).

2.8 In the event of violations of the provisions on the use of the business location, in particular exceeding the maximum permitted parking time, missing parking ticket, missing indication of the arrival time by means of a parking meter or missing digital booking as well as in the event of otherwise illegally parked vehicles, a penalty shall be levied by means of a payment slip, the expenses caused thereby shall be reimbursed or an action for possession or injunction shall be filed. The respective stipulation according to the notice (tariff information) shall apply. The right to assert further claims, e.g. for damages, shall be expressly reserved even in the event of an action for adverse possession or injunctive relief.

2.9 The parking ticket or parking meter must be secured and attached behind the windshield in such a way that it is clearly legible from the outside, so that APCOA or an authorized third party can check the respective parking authorization or arrival time at any time using the parking ticket or parking meter. In the case of digital parking products, the parking authorization is checked via the license plate number. This means that the license plate number of the parked vehicle must correspond to the license plate number specified in the digital booking. Parking tickets that are not legibly affixed or that have been deposited incorrectly shall not be recognized as valid parking authorization.

3.1 Upon conclusion of the Contract of Use, the Customer acquires the right to park a vehicle that is safe in terms of traffic and operation in a marked, free and suitable parking space; existing restrictions (e.g. reservations or limited parking time) 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 pursuant to § 29b StVO (Austrian Road Traffic Regulations) or a disabled person’s pass with the entry “Unzumutbarkeit der Benutzung öffentlicher Verkehrsmittel” (Unacceptability of using public transport). In case of non-compliance, point 5 applies equally.

3.2 A right to park the vehicle in a specific parking space shall only exist upon written agreement with the Operator. The Road Traffic Regulations (StVO) in the currently valid version shall apply mutatis mutandis at the operating site. The prescribed speed limit must be observed. The parking of vehicles without police license plates is only permitted after prior written agreement with the Operator.

3.3 The guarding and safekeeping of the vehicle, its accessories as well as any objects in the vehicle or objects brought in with the vehicle shall not be subject matter of the contract.

3.4 Points 3, 7, 10, 11 and 12 shall apply to all persons staying at the business location, notwithstanding the above provisions.

3.5 For the charging of electric vehicles, if provided for, the terms and conditions of use and charges posted at the charging stations shall apply.

4.1 The operator is in no way liable for the behavior of third parties, including theft, burglary, damage, etc., regardless of whether these third parties are authorized or unauthorized to be on the premises. The operator shall only be liable for damage to property resulting from a breakdown of the plant and for other damage to property if the damage was caused intentionally or by gross negligence on the part of the operator or assistants. The above exclusions of liability shall not apply to personal injury.

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

4.3 The Customer undertakes to properly secure and lock the parked vehicle and then to leave the premises without delay.

4.4 The instructions of the staff shall be followed in the interest of smooth operation.

4.5 Any damage to operating equipment or to other vehicles by the customer must be reported to the operator immediately and before leaving the premises; the same applies to any damage to the customer’s own vehicle.

The vehicle is to be parked within the designated parking areas in such a way that third parties are not hindered or otherwise dedicated areas are not used without authorization, e.g. parking spaces for disabled persons, other reserved areas, etc.; otherwise the operator is entitled to charge a penalty according to the notice (tariff information).

6.1 The maximum parking period is 30 days unless a special agreement (e.g. long-term parking subscription) exists. After expiry of these 30 days, the vehicle shall be deemed to have been unlawfully parked within the meaning of Section 2.8 and the expenses incurred as a result shall be reimbursed or, if necessary, action shall be taken against the vehicle owner by means of an action for adverse possession or an action for injunctive relief. Any further claims, e.g. for damages, shall remain expressly reserved.

6.2 The operator is entitled to remove the parked vehicle at the expense and risk of the customer if-the maximum parking period has expired, provided that a written notification of the customer or the registration owner of the vehicle has been made beforehand or has been unsuccessful or cannot be delivered, or

• the parking fee due exceeds the obvious value of the vehicle (insignificance); the insignificance of the value of the vehicle shall be determined by a competent person;
• it endangers or obstructs operation due to leakage of fuel, other liquids or vapors 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 hiring period;
• it is parked contrary to traffic regulations, obstructing or in reserved spaces – especially if towing would be justified according to the StVO;
• a vehicle is parked entirely outside a marked parking space;
• a vehicle obstructs more than one marked parking space;
• the permissible charging time or parking duration at a charging point for battery-powered electric or plug-in hybrid vehicles is exceeded.

6.3 In these cases, the Operator is free to move the vehicle also within the operating location and possibly to secure it in such a way that it can no longer be moved away by the Customer without the Operator’s intervention.

6.4 Until the removal of the vehicle from the business location, the Operator is entitled to a fee corresponding to the current parking tariff, in addition to the costs of the removal of the vehicle.

6.5 A low-value vehicle – in particular without license plates – entitles the Operator to dispose of the vehicle. Claims of any previous owners shall be limited to the proceeds of the sale (pursuant to § 471 ABGB after deduction of all costs), which shall be handed over to the demonstrably entitled party within two months. Furthermore, the operator is entitled to dispose of 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 is no longer usable. This does not release the vehicle owner from reimbursement of the costs incurred up to that point and the fee applicable according to the current parking tariff or compensation for other damages incurred by the operator in this connection.

7.1 Vehicles brought into the premises must be roadworthy, operationally safe and registered for traffic. Any removal of license plates, e.g. for the purpose of re-registration, is only permitted with the written consent of the Operator.

7.2 Prohibited are in particular:

• smoking and the use of fire and naked lights;
• the parking and storage of objects of all kinds, especially flammable and explosive substances;
• maintenance, care and repair work such as, in particular, refueling vehicles, charging starter batteries and draining the cooling water;
• running and testing the engine for extended periods of time and sounding the horn;
• the setting of a vehicle with leaking operating system (especially fuel, oil or other liquids) or other, especially safety-related, defects and such vehicles that do not comply with traffic regulations (e.g. invalid or expired inspection sticker);
• Without the consent of the operator, parking vehicles without a police license plate or without affixing a replacement license plate;
• The parking of the vehicle in violation of traffic regulations or the contract, such as in the traffic lanes, in front of emergency exits, on pedestrian walkways, 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;
• riding on the operation site with skateboards, scooters or inline skates, etc.

8.1 The parking authorization medium shall be kept carefully and properly. The risk of damage and loss shall be borne by the Customer.

8.2 If the parking authorization medium no longer functions due to damage, the Operator shall be entitled to charge for the expenses incurred and the parking tariff.

8.3 In case of loss of the parking authorization medium, the Operator shall be informed immediately; a replacement tariff shall be paid according to the notice (tariff information), unless the actual parking period (short term parking) of the vehicle can be proven. In this case, additional handling costs in the amount of half the penalty fee according to the notice (tariff information) are to be paid.

8.4 In case of entry without using the long-term parking permit, the respective short-term parking tariff shall be charged without being credited to the long-term parking fee paid.

8.5 If the on-call service is used for exit or other services outside the staffed time for reasons for which the Operator is not responsible, this shall entitle the Operator to charge for the expenses incurred.

9.1 In order to secure the claims for payment as well as all claims against the customer arising in connection with the garaging, the operator is entitled to a right of retention to the vehicle brought in, even if the vehicle does not belong to the customer but to a third party.

9.2 To secure the right of retention, the Operator may prevent the removal of the vehicle by suitable means (immobilization). The exercise of the right of retention can be averted by providing security.

10.1 In case of fire or smell of fire, the fire alarm must be activated and the fire department (122) must be notified. The message must contain the following information: WHERE is the fire (address, access roads), WHAT is on fire (building, car), HOW many people are injured, WHO is calling (name). Any posted “What to do 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 in consideration of your own safety, attempt to extinguish the fire with a suitable fire extinguisher, provided that no other extinguishing devices (e.g. sprinkler system) are activated. Otherwise, leave the site on foot as quickly as possible.

10.4 Do not use elevators in case of fire!

11.1 The operator uses image recordings for the following purposes:

• to protect the operated garage or to comply with due diligence obligations.
• use of the vehicle license plate as a parking authorization medium (visual or automated)

These shall be operated in accordance with the provisions of §§ 12 and 13 DSG and the DSGVO.

11.2 In particular, the image recordings do not serve to guard the vehicle (see item 3.3) and do not establish any liability on the part of the Operator (see item 4).

11.3 The Operator is entitled to evaluate the image recordings if either the monitored object itself or vehicles parked therein have become the subject of an infringement.

11.4 Notwithstanding the right to information pursuant to Art. 15 DSGVO, affected persons are not entitled to receive image recordings from the garage operator. However, 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 report), because the operator has a reasonable suspicion that the data could document a criminal act to be prosecuted ex officio. Such suspicion may also arise from a tip-off by a customer.

12.1 The place of performance shall be 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 Germany 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 For the resolution of all disputes with customers arising from the contract of use, to which the Consumer Protection Act is not compulsorily applicable, the court with subject-matter jurisdiction at the operator’s registered office shall have local jurisdiction. However, the operator has the right to sue at the general place of jurisdiction of the customer or at the factually competent court of the business location.

The operator processes the necessary personal data of the customer for the purpose of fulfilling the contract. More detailed information on data processing is contained in the data protection declaration in accordance with the DSGVO, which is provided in the course of concluding a user contract and can be accessed at www.apcoa.at/datenschutz.

Last updated: February 2021