Terms and conditions TOM Parking (IDD Square GmbH)

Parking lot terms and conditions

General provisions

The use of the parking spaces (hereinafter referred to as “parking lot”) is only permitted after the conclusion of a user contract. The contract of use is concluded between TOM Parking (IDD Square GmbH) as the parking lot operator (hereinafter referred to as the “parking lot operator”) on the one hand and the user of the parking lot (hereinafter referred to as the “customer”) on the other. A contract of use is concluded by paying the parking fees via the operator’s website (www.tom-parking.at).

The contract of use for parking is not subject to the provisions of the Austrian Tenancy Act (Mietrechtsgesetz, MRG).

Every customer submits to these terms and conditions of parking by concluding the contract of use.

Subject matter of the contract

By concluding the contract of use, the customer acquires the right to park a roadworthy and safe vehicle in a free, marked 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 pass in accordance with §29b StVO.

A right to park the vehicle in a specific parking space only exists with prior written agreement with the parking lot operator. The current version of the Road Traffic Regulations (StVO) applies accordingly in the parking lot. The prescribed speed limit must be observed. The parking of vehicles without a police license plate is only permitted after prior written agreement with the parking lot operator.

The guarding and safekeeping of the parked vehicle, its accessories and any objects in the vehicle or items brought into the parking lot with the vehicle is not part of the contract and therefore does not take place. The customer is therefore advised not to leave any valuables in parked vehicles.

Cancellations or changes to the booking are possible up to 24 hours before the start of the booked reservation period at the parking lot. In the event of a no-show or cancelation within 24 hours before the booked reservation period, the amount paid can no longer be refunded.

Liability provisions

The parking lot operator is not liable for the conduct of third parties, including theft, burglary, damage, etc., regardless of whether these third parties are authorized or unauthorized to be in the parking lot. The parking lot operator shall only be liable for property damage resulting from a breakdown of the facility and for other property damage causally and adequately caused by the parking lot operator or his assistants in the event of intent or gross negligence.

Furthermore, the parking lot operator shall not be liable for damage caused directly or indirectly by force majeure. Liability for immaterial damage (e.g. for loss of profit) is also excluded.

The customer undertakes to properly secure and lock the parked vehicle and then to leave the parking lot without delay. Any other stay, neither in the vehicle nor in the parking area, is not permitted.

The instructions of the parking lot staff must be followed in the interest of smooth operation.

Any damage to parking lot facilities or to other vehicles by the customer must be reported to the parking lot operator immediately and before leaving; the same applies to any damage to the customer’s own vehicle.

Vehicles may only enter and leave the premises in forward gear.

Parking fees and operating hours

The applicable tariffs, other fees and operating hours can be viewed on the operator’s website (www.tom-parking.at) or on the booking platform (https://tom-parking.arivo.app).

The parking lot operator works together with the external service provider Arivo GmbH to process bookings and payments. The customer expressly agrees that their data will be forwarded to the Arivo GmbH platform (https://tom-parking.arivo.app) for the purpose of processing the booking and payment or that the customer will enter this data there themselves. The parking lot operator assumes no liability for the services, data protection provisions and data processing procedures of Arivo GmbH.

Entry, exit and access are only possible within the operating hours by means of an entry authorization. The vehicle license plate number specified by the customer when making the reservation shall be deemed to be the authorization.

If the exit occurs immediately after the entry, this is possible free of charge (= drive-through tolerance). For bookings, the personal and payment data required for this purpose are stored. The customer consents to this storage.

Parking the vehicle

The vehicle must be parked within the designated parking spaces in such a way that third parties are neither hindered nor other dedicated parking spaces are used without authorization, e.g. disabled parking spaces or other parking spaces reserved for specific persons. If two parking spaces are used by one vehicle, double the parking fee must be paid.

Only vehicles in perfect technical condition may be parked in the parking and driving areas.

The following is prohibited:

The parking of vehicles involved in accidents, wrecks and vehicles that are not in perfect technical condition.
Washing vehicles or equipment.
The use of pesticides.
Manipulation, storage and parking of vehicles and equipment, where a loss of liquid can be expected.

In the event that:

a vehicle is parked in breach of contract or in such a way as to obstruct traffic
a vehicle is parked entirely or predominantly outside a marked parking space
a vehicle obstructs more than one marked parking space; or
the permitted parking period is exceeded;

the parking lot operator is entitled to move the vehicle to a proper parking space at the customer’s expense and risk and to secure it in such a way that it can no longer be driven away by the customer without the cooperation of the parking lot operator until all costs have been paid.

Period of validity, removal of the vehicle

The maximum parking period is 30 days, unless there is a special agreement (e.g. long-term parking contract).

The parking lot operator is entitled to remove the parked vehicle at the customer’s expense and risk if

the maximum parking period has expired, provided that a written notification has been sent to the e-mail address provided at the time of booking, together with a grace period, to the customer or the vehicle’s registered owner, or has been unsuccessful due to a lack of delivery options;
the storage fee due exceeds the apparent value of the vehicle (low value), whereby the low value of the vehicle must be determined by a competent person;
it endangers or impedes parking operations due to the leakage of fuel, other liquids or vapors or due to other defects, in particular safety-related defects (e.g. no valid or expired inspection sticker);
there is no valid booking for the vehicle in the parking lot with the correct number plate
it is not registered with the police or loses its police registration during the parking period; or
it is parked in violation of traffic regulations, in an obstructive manner or in reserved spaces.

In such cases, the parking lot operator is free to move and secure the vehicle within the parking lot in such a way that it can no longer be driven away by the customer without the intervention of the parking lot operator until all costs have been paid.

Until the vehicle is actually removed from the parking lot, the parking lot operator is entitled to a usage fee corresponding to the parking rate in addition to the costs of removing the vehicle.

A low-value vehicle – i.e. a vehicle whose value is obviously less than EUR 2,000 – entitles the parking lot operator to dispose of the vehicle. Claims by any previous owners shall be limited to the proceeds of the sale (in accordance with § 471 ABGB after deduction of all costs), which shall be handed over to the demonstrably entitled party within 2 months.

Regulations

Vehicles that are brought into the parking lot must be roadworthy and safe to operate and approved for traffic. Any removal of license plates, e.g. for the purpose of re-registration, is only permitted with the written consent of the parking lot operator.

In the event that the correct license plate number is not specified when the usage contract is concluded by paying the parking fees, or if this is changed during the period of use without written notification of the parking lot operator, the customer undertakes to pay a penalty of EUR 500 to cover the associated additional processing costs – and in addition to the regular parking fees.

The following are prohibited:

smoking and the use of fire and naked flames;
parking and storing objects of any kind, in particular flammable and explosive substances;
maintenance, care and repair work, in particular refueling vehicles, charging starter batteries and draining the cooling water;
running and testing the engine for long periods and sounding the horn;
parking a vehicle with a leaking operating system (in particular fuel, oil or other fluids) or other defects, in particular safety-relevant defects and vehicles that do not comply with traffic regulations (e.g. invalid or expired inspection sticker);
parking vehicles without a police license plate or without affixing a replacement license plate without the consent of the parking lot operator.
parking the vehicle in the traffic lanes, in front of emergency exits, on pedestrian paths, in front of doors (gates) and exits, in the movement area of doors and gates;
distributing advertising material without the written consent of the parking lot operator; and
riding bicycles, scooters or motorcycles in the parking lot (unless they are parked there in the same way).
to use the parking lot, including the entire property area, as a toilet/sanitary facility.
walking on the infiltration areas and green spaces. These areas are intended exclusively for their specific functions and may not be entered or used by pedestrians or vehicles.

Right of retention

In order to secure its claims for payment and all its claims against the customer arising in connection with the use of the parking space, the parking lot operator shall have a right of retention to the vehicle brought in, even if the vehicle does not belong to the customer but to a third party.

In order to secure the right of retention, the parking lot operator may prevent the removal of the vehicle by suitable means (immobilization). The application of the right of retention can be averted by a security deposit.

Behavior in the event of fire

In the event of fire or the smell of fire, the fire department (122) must be notified. The report must contain the following information: WHERE there is a fire (address, access routes), WHAT is on fire (building, car), HOW many casualties there are, WHO is calling (name). Any “What to do in case of fire” signs must be observed.

If necessary and possible, endangered persons must be warned and injured or helpless persons evacuated.

As far as possible, taking into account your own safety, extinguishing attempts must be made with a suitable fire extinguisher, otherwise the parking lot must be left on foot as quickly as possible.

Video recordings

The operator uses image and video recordings for the following purposes:

to protect the entire site or to comply with due diligence obligations
Use of the vehicle license plate as a parking authorization medium
long-term parking management
Tariff calculation (e.g. for exceeding the booking time)
Control of usage regulations (e.g. parking over two parking spaces)
Control of legally compliant use (e.g. exceeding the free parking time)
Protection of the facilities (e.g. vandalism)
Prosecution of misuse (e.g. exit without payment)

The data is collected by:

the data provided by the customer to create the contract
the license plate number entered by the customer
Image recording, evaluation of the license plate data

The video surveillance system is operated in accordance with the provisions of the Data Protection Act and other relevant data protection regulations.

The video recordings are not used to monitor the vehicle and are not carried out in the interests of the customer. The type, scope and intensity of the video surveillance is the sole responsibility of the parking lot operator. Accordingly, the customer cannot derive any claims or liability from this.

The parking lot operator is entitled to evaluate the video recordings if either the monitored object itself (parking lot) or vehicles parked therein have been the subject of a dangerous attack or if there is reasonable suspicion of a violation of the GTCs, including the regulatory provisions or liability provisions.

Customers are not entitled to receive video recordings from the parking lot operator. However, the parking lot operator is entitled to transmit video recordings to the competent authority (such as a security authority in the context of an investigation initiated by a complaint) because the parking lot operator has reasonable suspicion that the data could document a criminal offense to be prosecuted ex officio or a violation of the GTCs. Such a suspicion may also arise from a tip-off from a customer.

Customers have the right to information, correction, restriction, deletion and objection to the processing of the collected personal data vis-à-vis the parking lot operator. Consent given for data processing can be revoked at any time. Every user has the right to lodge a complaint with the supervisory authority. Inquiries / requests in this regard (with the exception of complaints to the supervisory authority) can be sent to [email protected].

Severability clause

Should a provision of these GTCs be legally ineffective or become ineffective during their term, this shall not affect the validity of the other provisions of these GTCs. The contracting parties undertake to replace the legally invalid provision immediately after becoming aware of this legal invalidity with another legally valid provision that achieves the same or as similar an economic objective as the legally invalid provision.

Translations

These General Terms and Conditions and all other content on the website (www.tom-parking.at) are written in German, which is binding for all matters relating to them. Any version of these General Terms and Conditions and any other content on the website (www.tom-parking.at) in another language is for ease of understanding only and shall have no legal effect. For the avoidance of doubt, the German language version of these Terms and Conditions and all other content on the website (www.tom-parking.at) takes precedence over any other language version.

Written form clause

It is noted that there are no verbal collateral agreements to these GTCs. Any amendments or additions to this contract must be made in writing in order to be legally effective; this also applies to any waiver of formal requirements.

Place of performance and jurisdiction

The place of performance and jurisdiction is Eisenstadt. Austrian law shall apply exclusively.