2. Subject of the contract2.1 With the conclusion of the contract of use, the customer acquires the right to be safe in traffic and operational securityPark the vehicle on a marked, free and suitable parking space; existing restrictions (e.g.Reservations or limited stay) are strictly observed. FeaturedDisabled parking spaces may only be provided by disabled persons with a valid, easily visible parking card for the disabledaccording to § 29b StVO or handicapped pass with entry "Unreasonableness of the use of public transport"be used. In case of non-compliance, point 5 applies equally.2.2 A right to park the vehicle on a specific parking space, is only by written agreementwith the operator. At the place of operation applies mutatis mutandis the road traffic regulations (StVO) in the respectively validVersion. The prescribed speed limit must be observed. The setting of vehicles withoutThe police license is only permitted after prior written agreement with the operator.2.3 The guarding and safekeeping of the vehicle, its accessories and any in-vehicleObjects or things brought in with the vehicle are not part of the contract.
3. Liability provisions3.1 The operator is in no way liable for the behavior of third parties, not even for theft, burglary, damage etc.,irrespective of whether these third parties are authorized or unauthorized in the company. For damages resulting from aOperational failure of the system arise, and for other property damage - as far as permitted by law - the operator is liableonly for those caused intentionally or grossly negligently by him or assistants.3.2 Furthermore, the operator is not liable for damages that occur directly or indirectly through force majeure.3.3 The customer agrees to secure the parked vehicle properly and complete and thento leave the operating site without delay.3.4 The orders of the personnel are to be followed in the interest of a smooth operation.3.5 Any damage to equipment or other vehicles by the customerto notify the operator immediately and before the exit; also found damage to your own vehicle.
5. Parking the vehicleThe vehicle must be parked within the designated setting / parking areas in such a way that third parties neitherobstructs other areas devoted to unauthorized use, such as: B. disabled parking, otherreserved areas, etc .; otherwise the operator is entitled to charge a penalty fee according to the notice.
6.2 The operator is entitled to remove the set vehicle at the expense and risk of the customer, if• the maximum setting time has expired, provided that a written notification has been sent by the customer or the customerThe license holder of the vehicle has been or has been unsuccessful or is undeliverable, or• the parking fee due exceeds the obvious value of the vehicle (low value); the low value of theVehicle value must be determined by a qualified person;• it by leakage of fuel, other liquids or vapors or by others - in particularsafety-relevant - defects endanger or obstruct the operation (for example, no valid or expiredChecking plaque);• it is not authorized by the police or loses the police authorization during the set-up time;• it is traffic and non-compliant, disabled or placed in reserved places - especially if oneTowing the StVO would be justified;• a vehicle is parked completely outside a marked parking space;• a vehicle is displaced more than one marked parking space;• the permissible charging time or stopping time is exceeded.6.3 In these cases, the operator is free to use the vehicle within the operating locationspend and possibly ensure that it will no longer be driven away by the customer without the intervention of the operatorcan.6.4 Until removal of the vehicle from the operating site is the operator, in addition to the cost of removalof the vehicle, a charge corresponding to the current parking tariff.6.5 A low-value vehicle - in particular without license plates - entitles the operator to exploit theVehicle. Claims of any previous owners are limited to the realization proceeds (according to § 471 ABGB)Deduction of all costs), which will be given to the demonstrably entitled person within 2 months. The operator isfurther entitled to the utilization of the vehicle, if the storage costs of a competent third partythreatened to exceed the established value of the vehicle and more than six since the vehicle was removedMonths have passed.6.6 The operator is further entitled to use the vehicle after a storage period of more than six monthsto be scrapped after removal, provided that a qualified third party has determined that the vehicle is no longeris usable. This does not release the vehicle owner from the replacement of the previously incurred custody costs, orother damages incurred by the operator in this context.
7. Regulations7.1 Vehicles that are brought into the operating site must be safe for traffic and trafficbe admitted. Any removal of license plates, eg. B. for the purpose of re-registration, is only writtenApproval of the operator allowed.7.2 Prohibited are in particular:• smoking and the use of fire and open light;• the storage and storage of objects of all kinds, in particular flammable and explosive substances;• Maintenance, care and repair work such as, in particular, the refueling of vehicles, charging ofStarter batteries and the discharge of cooling water;• letting you run longer and trying out the engine and honking;• the setting of a vehicle with a leaking operating system (especially fuel, oil or otherLiquids) or other, especially security relevant, defects and such vehicles, thedo not comply with traffic regulations (eg invalid or expired inspection badge);• without the consent of the operator, the parking of vehicles without a license plate or without attachmenta replacement license plate;• the traffic or contractual illegal parking of the vehicle such. on the lane, in front of emergency exits, onPedestrian paths, in front of doors (gates) and exits, within the range of movement of doors and gates;• the distribution of advertising material without the written consent of the operator;• Driving on the operating site with skateboard, scooter or inline skates, etc.
9. Right of retention9.1 To secure the payment claims and all in connection with the garage against the customerarising claims the operator has a right of retention on the introduced vehicle, even then,if the vehicle belongs not to the customer but to a third party.9.2 To secure the right of retention, the operator may, by appropriate means, remove thePrevent vehicle (immobilization). The exercise of the right of retention may be by securitybe averted.
10. Behavior in case of fire10.1 In the event of fire or a burning smell, the fire detector must be operated and the fire brigade (122) notified. TheMessage must contain the following information: WHERE it burns (address, access roads), WHAT is burning (building, car), HOWthere are many injured, WHO calls (name). Any attached signs "behavior in case of fire" are toonote.10.2 If necessary and possible warn people at risk and evacuate injured or helpless persons.10.3 Insofar as it is possible to observe your own safety, try to extinguish it with a suitable fire extinguisherunless other extinguishing devices (such as a sprinkler system) are activated. Otherwise theLeave operating site on the quickest route by foot.10.4 Do not use elevators in case of fire!
11. Image recordings11.1 The operator sets for the purpose of the protection of the operating site itself or to comply withDue diligence, an image surveillance system, in accordance with the provisions of §12 and §13 DSG, andthe DSGVO is operated.11.2 The image recordings are not intended to guard the vehicle (see 2.3) anddo not give any liability to the operator (see point 3).11.3 The operator is entitled to evaluate the image recordings if either the monitored object itselfor vehicles parked therein have been the subject of an infringement.11.4 Customers are entitled to the right of information in accordance with Art. 15 DSGVO. In addition, the operatorauthorized to record images to the competent authority (such as a safety authority in the context of aNotified investigation) because the operator has reason to suspectthe data could document a criminal offense to be prosecuted ex officio. Such a suspicion canalso caused by a customer's notice.