General Terms and Conditions TOM Parking (IDD Square GmbH)

Parking Conditions

General terms and conditions

The use of the parking spaces (hereinafter referred to as “Parking Space”) is only permitted after the conclusion of a Contract of Use. The Contract of Use is concluded between TOM Parking (IDD Square GmbH) as the car park operator (hereinafter referred to as the “Car Park Operator”) on the one hand and the user of the car park (hereinafter referred to as the “Customer”) on the other hand. A Contract of Use is concluded by payment of the parking fees via the website of the operator (www.tom-parking.at).

The Contract of Use for parking is not subject to the provisions of the Tenancy Act (MRG).

By concluding the Contract of Use, each customer submits to these Terms and Conditions of Use.

Subject of the Contract

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 free, marked, and suitable Parking Space; existing restrictions (e.g., reservations or limited parking periods) 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 only exists upon prior written agreement with the Car Park Operator. The current version of the Road Traffic Regulations (StVO) applies accordingly in the car park. The prescribed speed limit must be observed. The parking of vehicles without police registration plates is only permitted after prior written agreement with the Car Park Operator.

The guarding and safekeeping of the parked vehicle, its accessories as well as any objects in the vehicle or objects brought into the car park with the vehicle is not the subject matter of the contract and accordingly 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 Car Park Operator is not liable for the conduct of third parties, including theft, burglary, damage, etc., regardless of whether these third parties are authorised or unauthorised to be present in the car park. The Car Park Operator is only liable for damage to property resulting from a breakdown of the facility and for other damage to property causally and adequately caused by the Car Park Operator or his assistants in the event of intent or gross negligence.

Furthermore, the Car Park Operator is not 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 car park without delay.

The instructions of the car park staff must be followed in the interest of smooth operation.

Any damage to car park facilities or to other vehicles by the Customer must be reported to the Car Park Operator immediately and before leaving the car park; the same applies to any damage found to the Customer’s own vehicle.

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

Parking fees and operating hours

The currently valid tariff, any other fees and the operating hours can be viewed on the operator’s website (www.tom-parking.at).

Entry, exit, and access are only possible within the operating hours by means of an entry authorisation. The vehicle registration number provided by the Customer when making the reservation shall be deemed to be the authorisation.

If the exit occurs immediately after the entry, this is possible free of charge (= passage tolerance).

In the case of bookings, the personal and payment data required for this purpose shall be stored. The Customer gives his or her consent for this storage.

Parking of the vehicle

The vehicle must be parked within the designated Parking Spaces in such a way that third parties are neither obstructed nor are otherwise dedicated Parking Spaces used without authorisation, e.g., Parking Spaces for disabled persons 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 technically perfect condition may be parked in the parking and driving areas. Prohibited in any case is:

Parking of accident vehicles, wrecks and vehicles not in technically perfect condition.
Washing of vehicles or equipment.
The use of pesticides.
Manipulation, storage and parking of vehicles and equipment, where loss of fluids can be expected.

In the event that

a vehicle is parked in breach of the Contract or in a way that obstructs traffic;
a vehicle is parked wholly or mainly outside a marked Parking Space;
a vehicle obstructs more than one marked parking space; or
the permitted parking time is exceeded;

the Car Park 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 cannot be moved by the Customer without the assistance of the Car Park Operator until all costs have been paid.

Period of validity, removal of the vehicle

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

The Car Park 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 given at the time of booking, including a grace period, to the Customer or the registered owner of the vehicle, or has been unsuccessful due to a lack of delivery options;
the due parking fee exceeds the apparent value of the vehicle (low value), whereby the low value of the vehicle is to be determined by a competent person;
it endangers or obstructs the operation of the car park due to leakage of fuel, other liquids or vapours 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 registration with the police 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 Car Park Operator is free to move and secure the vehicle within the car park in such a way that it cannot be removed by the Customer without the intervention of the Car Park Operator until all costs have been paid.

Until the actual removal of the vehicle from the car park, the Car Park Operator is entitled, in addition to the costs of the removal of the vehicle, to a user fee corresponding to the parking tariff.

A vehicle of low value – i.e., a vehicle whose value is obviously below EUR 2,000 – entitles the Car Park Operator to dispose of the vehicle. Claims of any previous owners are limited to the proceeds of the sale (according to § 471 ABGB after deduction of all costs), which will be handed over to the demonstrably entitled party within 2 months.

Regulations

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

In the event that the correct number plate is not indicated upon conclusion of the Contract of Use by payment of the parking fees, or this is changed during the period of use without written notification of the Car Park Operator, the Customer undertakes to pay a penalty in the amount of EUR 500.00 to cover the associated, additional processing expense – and in addition to the regular parking fees.

Prohibited are:

smoking and the use of fire and naked lights;
the parking and storage of objects of all kinds, especially flammable and explosive substances;
maintenance, servicing and repair work, in particular refuelling vehicles, charging starter batteries and draining cooling water;
running and testing the engine for long periods and sounding the horn;
the parking of a vehicle with a leaking operating system (in particular fuel, oil or other fluids) or other, in particular safety-relevant defects and of such vehicles that do not comply with traffic regulations (e.g., invalid or expired inspection sticker);
without the consent of the Car Park Operator, the parking of vehicles without a police registration plate or without the attachment of a replacement registration plate;
parking the vehicle 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 Car Park Operator; and
the driving of bicycles, scooters or motorbikes in the car park (unless they are parked there appropriately).
to use the car park, including the entire site area, as a toilet.

Right of retention

In order to secure its claims for payment as well as all its claims against the Customer arising in connection with the garaging, the Car Park 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.

In order to secure the right of retention, the Car Park Operator may prevent the removal of the vehicle by appropriate means (immobilisation). The application of the right of retention may be averted by a security deposit.

Behaviour in case of fire

In case of fire or smell of fire, the fire brigade (122) must be notified. The report 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). If there are any signs saying, “What to do in case of fire”, they must be observed.

If necessary and possible, warn people at risk and evacuate injured or helpless people.

As far as possible in consideration of their own safety, attempts to extinguish the fire should be made with a suitable fire extinguisher, otherwise the car park should be left on foot as quickly as possible.

Video recordings

For the purpose of protecting the property itself (i.e., the car park), the Car Park Operator uses a video surveillance system which is operated in accordance with the provisions of the Data Protection Act and other relevant data protection regulations.

The video recordings do not serve to guard the vehicle and are not carried out in the interest of the Customer. The type, scope and intensity of the video surveillance is the sole responsibility of the Car Park Operator. Accordingly, the Customer may not derive any claims or liabilities therefrom.

The Car Park Operator is entitled to evaluate the video recordings if either the monitored object itself (car park) or vehicles parked therein have been the subject of a dangerous attack.

Customers are not entitled to receive video recordings from the Car Park Operator. However, the Car Park Operator is entitled to transmit video recordings to the competent authority (e.g., a security authority in the context of an investigation initiated by a complaint) because the Car Park Operator has a reasonable suspicion that the data could document a criminal offence to be prosecuted by the authorities. Such suspicion may also arise from information provided by a Customer.

Severability clause

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

Written form clause

It is hereby stipulated that there are no verbal collateral agreements to this contract. Any amendments or additions to this contract must be made in writing 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, Austria.