1. General provisions
1.1 The use of the garages or setting / storage areas (hereinafter referred to as "operating location") is only after
Conclusion of a contract of use. The contract of use is made by the operator APCOA PARKING Austria
GmbH (hereinafter also abbreviated to "APCOA") with the user (permanent or short-term parker) of the operating location (in the following
Short "short term" is a short-term user contract by solving a
Entry authorization (such as pulling the entrance ticket or parking ticket, using a credit card or
Use of an authorized medium, such as: As license plate, transponder, ...) for a limited time
Parking time according to notice or in the case of barrier-free operating locations by entry into the operating location or at
Long-term parkers through the conclusion of a written contract of use (long-term parking agreement). The
The contract of use is considered complete even if a short-term parker, for example, due to a technical
Failure enters the operating site without releasing an entry authorization.
1.2 The contract of use does not fall under the provisions of the Law on Tenancy Law (MRG).
1.4 Points 3, 7, 10, 11 and 12 are without prejudice to the above provisions for all persons who
stay at the company location.
1.5 For the charging of electric vehicles, if provided, apply those posted at the charging stations
2. Subject of the contract
2.1 With the conclusion of the contract of use, the customer acquires the right to be safe in traffic and operational security
Park the vehicle on a marked, free and suitable parking space; existing restrictions (e.g.
Reservations or limited stay) are strictly observed. Featured
Disabled parking spaces may only be provided by disabled persons with a valid, easily visible parking card for the disabled
according 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 agreement
with the operator. At the place of operation applies mutatis mutandis the road traffic regulations (StVO) in the respectively valid
Version. The prescribed speed limit must be observed. The setting of vehicles without
The 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-vehicle
Objects or things brought in with the vehicle are not part of the contract.
3. Liability provisions
3.1 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 a
Operational failure of the system arise, and for other property damage - as far as permitted by law - the operator is liable
only 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 then
to 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 customer
to notify the operator immediately and before the exit; also found damage to your own vehicle.
4. Tariffs, other charges and operating hours
4.1 The valid tariffs, other fees and the operating times are to the notice at the entrance to
4.2 The entrance, the exit as well as the entrance are basically only within the operating times (except
Long-term parker) by means of entry authorization (see point 1.1).
4.3 For short-term parkers, the exit takes place during the operating hours after payment of the parking fee at the ticket office or
at the exit device, if this is not already payable at the beginning of the parking process. Happens the exit
Immediately after the entrance, 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 permanent parking authorization.
4.4 From the time of payment of the parking fee, the customer (short-term parker) is responsible for picking up his car until it has passed
the exit cabinet has a reasonable amount of time (exit tolerance). In case of delayed departure of the
be paid up over the paid parking period.
4.5 If the vehicle is parked continuously for a period longer than 14 days, the customer has the
Operator to disclose contact information (name, address, telephone number, etc.); otherwise, the operator is responsible for
Offsetting the expenses associated with the investigation. The operator is entitled for longer
Parking charges accrued fees thirty days after the transfer of the vehicle due.
4.6. For the exercise of the parking space monitoring visual documentation is made for violations and for
In the case of operating sites without barrier control, the following also applies:
4.7 Depending on the location-specific definition, the location of operation after exceeding the maximum permissible limit
Park time to leave, at the beginning of the parking process immediately at the machine to solve a parking ticket or the
To indicate arrival time with the parking meter or to pay the parking tariff by SMS. Setting the parking meter or the
SMS booking must be made before leaving the vehicle. The ticket issued by the machine or
the confirmation SMS indicate - depending on the selected parking time requirement and the resulting amount of
paid parking tariffs - the end of parking time. The maximum parking duration is mandatory. In permissible
The use of parking meters should take into account the maximum parking time specified at the location. It is mandatory that
According to the notice. For long-term parkers, use is made by means of permanent parking authorization
or with the license plate specified in the license agreement.
4.8 For violations of the conditions for the use of the operating site, in particular exceeding the
maximum permitted parking time, in the absence of a parking ticket, missing arrival time by parking meter or
Missing SMS booking and otherwise illegally parked vehicles is a penalty fee by
Paying the payment slip, the resulting effort is to be replaced, or is carried out by ownership or
Injunction. The respective specification according to the notice applies. Further claims, for example from the
Title of the damages, remain also in the case of the bringing in of an action disturbance or injunction
4.9 The parking ticket or the parking meter is secured and easy to read from the outside, behind the windshield,
so that APCOA at any time the respective parking entitlement or arrival time based on the parking ticket or the parking meter
5. Parking the vehicle
The vehicle must be parked within the designated setting / parking areas in such a way that third parties neither
obstructs other areas devoted to unauthorized use, such as: B. disabled parking, other
reserved areas, etc .; otherwise the operator is entitled to charge a penalty fee according to the notice.
6. Validity period, removal of the vehicle
6.1 The maximum duration is 30 days unless there is a special agreement (eg permanent parking agreement). To
Expiration of these 30 days, the vehicle is deemed to be parked in the sense of point 4.8 unlawfully and is thereby
to replace any resulting expenses or, if necessary, by means of a lawsuit or injunction against the
Vehicle owner proceeded. Further claims, for example from the title of compensation, remain
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 customer
The 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 the
Vehicle value must be determined by a qualified person;
• it by leakage of fuel, other liquids or vapors or by others - in particular
safety-relevant - defects endanger or obstruct the operation (for example, no valid or expired
• 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 one
Towing 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 location
spend and possibly ensure that it will no longer be driven away by the customer without the intervention of the operator
6.4 Until removal of the vehicle from the operating site is the operator, in addition to the cost of removal
of 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 the
Vehicle. 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 is
further entitled to the utilization of the vehicle, if the storage costs of a competent third party
threatened to exceed the established value of the vehicle and more than six since the vehicle was removed
Months have passed.
6.6 The operator is further entitled to use the vehicle after a storage period of more than six months
to be scrapped after removal, provided that a qualified third party has determined that the vehicle is no longer
is usable. This does not release the vehicle owner from the replacement of the previously incurred custody costs, or
other damages incurred by the operator in this context.
7.1 Vehicles that are brought into the operating site must be safe for traffic and traffic
be admitted. Any removal of license plates, eg. B. for the purpose of re-registration, is only written
Approval 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 of
Starter 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 other
Liquids) or other, especially security relevant, defects and such vehicles, the
do 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 attachment
a replacement license plate;
• the traffic or contractual illegal parking of the vehicle such. on the lane, in front of emergency exits, on
Pedestrian 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.
8. Loss or damage to the parking ticket or the permanent parking authorization
8.1 The parking ticket must be stored carefully and properly. The risk of damage and loss is borne by the
8.2 If the function of the parking ticket no longer exists due to damage, this entitles the operator
to offset the expenses incurred and the parking tariff.
8.3 If the parking ticket is lost, the operator must be informed immediately; a replacement tariff is payable according to the notice board,
unless it is the actual setting period (short-term parking) of the vehicle can be detected. In this case are
additional handling costs in the amount of half the fee to pay according to the notice.
8.4 When entering without using the issued permanent parking authorization, the corresponding one arrives
Short-term tariff for offsetting, without this being credited to the paid long-term parking fee.
8.5 Will the standby service be outside the staffing time for reasons not represented by the operator
are used for the exit or for other services, this entitles the operator to set off the
Pönalgebühr lt. Notice.
9. Right of retention
9.1 To secure the payment claims and all in connection with the garage against the customer
arising 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 the
Prevent vehicle (immobilization). The exercise of the right of retention may be by security
10. Behavior in case of fire
10.1 In the event of fire or a burning smell, the fire detector must be operated and the fire brigade (122) notified. The
Message must contain the following information: WHERE it burns (address, access roads), WHAT is burning (building, car), HOW
there are many injured, WHO calls (name). Any attached signs "behavior in case of fire" are too
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 extinguisher
unless other extinguishing devices (such as a sprinkler system) are activated. Otherwise the
Leave operating site on the quickest route by foot.
10.4 Do not use elevators in case of fire!
11. Image recordings
11.1 The operator sets for the purpose of the protection of the operating site itself or to comply with
Due diligence, an image surveillance system, in accordance with the provisions of §12 and §13 DSG, and
the DSGVO is operated.
11.2 The image recordings are not intended to guard the vehicle (see 2.3) and
do 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 itself
or 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 operator
authorized to record images to the competent authority (such as a safety authority in the context of a
Notified investigation) because the operator has reason to suspect
the data could document a criminal offense to be prosecuted ex officio. Such a suspicion can
also caused by a customer's notice.
12. Place of performance and jurisdiction
12.1 Place of performance is the location of the place of operation.
12.2 For all against a consumer who resides domestically, habitual residence or place of residence
Employment has litigation arising from disputes arising from the User Agreement, one of those courts
in which the consumer has his domicile, habitual residence or place of employment.
12.3 For the resolution of all disputes arising from the User Agreement with customers to whom the
Consumer Protection Act is not mandatory, is the factual competent court at the domicile of the operator
locally responsible. However, the operator has the right, also at the general place of jurisdiction of the customer or on the
to sue the competent court of the place of operation.