© 2021 clever parken
1. general legal provisions:
The use of the garage or parking spaces is only permitted after conclusion of a usage contract. The contract of use is concluded between the operator "clever-parken" engelhartszell on the one hand and the customer on the other hand. Each customer agrees to these garage resp. parking conditions by concluding the contract of use. In the event of rejection of the conditions contained in these parking regulations, the booking is void and the customer must leave the premises immediately. Translated with www.DeepL.com/Translator (free version)
3. liability provisions:
Upon conclusion of the contract of use, the customer acquires the right to park a vehicle that is safe for 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 disabled parking spaces may only be used by disabled persons with a valid, clearly visible disabled person's pass in accordance with §29b StVO. A right to park the vehicle in a specific parking space exists only upon written agreement with the parking lot operator. The driver assures that he/she has a valid driver's license and that he/she carries it with him/her, and that the vehicle is insured in accordance with the regulations. The Road Traffic Regulations (StVO) in the currently valid version shall apply mutatis mutandis in the facility. The prescribed speed limit must be observed. The guarding and safekeeping of the vehicle, its accessories as well as any objects in the vehicle or objects brought into the parking facility with the vehicle is not subject matter of the contract. Translated with www.DeepL.com/Translator (free version)
3. liability provisions:
For claims for damages due to the fault of the parking lot operator, or its employees, its insurance company, Allianz Elementar Versicherungs AG, is in no way liable, however, for the behavior of third parties! The operator is liable for further property damage resulting from a failure of the facility only in case of intent or gross negligence. The parking lot operator cannot be held liable for damages caused directly or indirectly by force majeure, as it is not possible to be insured for this! For the customer: a written contract of use is concluded and a parking fee is paid on the spot, in Euro, in CASH. The customer undertakes to properly secure and lock the parked vehicle and then to leave the garage without delay. HE is required to place a parking permit, issued by the parking operator, in a clearly visible place behind the windshield before leaving the premises. In the interest of smooth operation, the instructions of the parking lot personnel must be obeyed in all cases. Any damage to garage equipment or to other vehicles by the customer must be reported immediately; the same applies to any damage to the customer's own vehicle! Translated with www.DeepL.com/Translator (free version)
4. setting fees/cancellation and operating hours:
The applicable tariff, any other fees and the agreed operating times are to be taken from the booking confirmation. Entry, exit and access are only possible within the operating hours by means of an entry authorization. Parking is only possible by signing the contract of use in advance. After paying the parking fee, the customer is free to enter the parking lot by means of a coin/parking ticket. If the vehicle is parked continuously for a longer period of time, the Customer shall provide the Garage Operator with contact details (name, address, telephone number, etc.); the Parking Operator is entitled to charge accrued fees for parking longer than agreed. If the parking space in the garage or outside area is not used, the following applies: "Up to two days before arrival, written cancellation, via e-mail, is free of charge, after that the total amount will be charged and claimed. If a pitch is rebooked up to 2 days before the actual arrival, no costs are incurred! In case of late use or early departure, the agreed pitch fee will be charged!
Anreise von 11:30 bis 16:00 Uhr und die Abreise muss bis 11:00 Uhr erfolgen. Abweichungen unbedingt telefonisch unter 0043 677 611 665 09, bekannt geben, damit wir auch vor Ort sind!
5. parking the vehicle:
The vehicle is to be parked within the parking spaces marked for this purpose in such a way that third parties are neither obstructed nor otherwise dedicated parking spaces are used without authorization, such as e.g. parking spaces for disabled persons, other reserved parking spaces, etc.; otherwise the operator is entitled to charge for the wasted space. In case a vehicle is parked contrary to the contract or obstructing traffic - especially if towing would be justified according to the StVO; a vehicle is parked completely outside a marked parking space; a vehicle obstructs more than one marked parking space; the permitted parking time is exceeded; - the Parking Operator is entitled to move the vehicle to a proper parking space, possibly to secure it in such a way that it cannot be moved by the Customer without the assistance of the Garage Operator and to charge the resulting costs. The Parking Operator is entitled to remove the parked vehicle at the expense and risk of the Customer if the maximum parking period has expired, if it endangers or obstructs the operation due to leakage of fuel, other liquids or vapors or due to other - especially safety-related - defects, if it is parked contrary to traffic regulations, obstructing or on reserved spaces. In these cases, the parking lot operator is free to move the vehicle also within the parking area/garage and possibly to secure it in such a way that it cannot be moved by the customer without the operator's intervention. Until the vehicle is removed from the facility, the garage operator is entitled to a fee corresponding to the parking tariff, in addition to the costs of removing the vehicle. Vehicles brought into the garage must be roadworthy and operationally safe and approved for traffic.
6. prohibited are in particular:
* smoking as well as the use of fire and naked lights; * the parking and storage of objects of any kind, especially flammable and explosive substances; the littering of the premises, however. Garbage must be disposed of in the garbage cans provided for this purpose; * maintenance, servicing 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; * setting a vehicle with leaking operating system (especially fuel, oil or other liquids) or other, especially safety-related defects; * parking the vehicle in the 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;
7. loss or damage of the coin or permanent parking card:
The long-term parking card(COIN) must be stored carefully and properly. The risk of damage and loss is borne by the customer. If the parking card/coin is no longer functional due to damage, this entitles the garage operator to charge for the expenses incurred. In case of loss of the parking coin or the long-term parking card, the parking lot operator shall be informed immediately; if the parking period is not observed and the parking lot is used for a longer period, the difference shall be charged.
8. behavior in case of fire:
In case of fire or smell of fire, immediately notify the fire department (122) and the operator. The message must contain the following information: WHERE is the fire (address, access roads), WHAT is on fire (building, car), HOW many injured persons are there, WHO is calling (name). If necessary and possible, warn endangered persons and evacuate injured or helpless persons. As far as possible in consideration of your own safety, attempt to extinguish the fire with a suitable fire extinguisher, otherwise leave the garage/parking lot on foot as quickly as possible.
9. video recordings:
The garage operator uses a video surveillance system for the purpose of protecting the object itself, (outdoor parking lot/garage) or to comply with due diligence obligations. In particular, the video recordings do not serve to guard the vehicle and do not establish any liability on the part of the parking lot operator. The latter is entitled to evaluate the video recordings if either the monitored object itself or vehicles parked therein became the object of a dangerous attack. The garage operator is entitled to transmit video recordings to the competent authority (e.g. a security authority within the scope of an investigation initiated by a report) because the garage operator has a reasonable suspicion that the data could document a criminal act to be prosecuted ex officio. Such suspicion may also arise as a result of a tip-off from a customer.
10. place of performance and jurisdiction:
For all actions brought against a consumer who has his domicile, habitual residence or place of employment in Austria 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. For consumers who are not domiciled in Austria at the time of conclusion of the contract, the statutory courts of jurisdiction shall apply. For the resolution of all disputes with customers arising from the contract of use, to which the Consumer Protection Act is not mandatorily applicable, the court with subject-matter jurisdiction at the registered office of the parking operator shall have local jurisdiction.
© 2021 clever parken