Registration and Terms of Use

I GENERAL

1 Scope

Parktiger M18 GmbH, headquartered in Vienna and the business address Versorgungsheimstraße 45, 1130 Wien (parkiger) offers through the website www.parktiger.at and via various other access routes a platform for the short-term and short-term rental of parking spaces in certain cities and regions, especially in the vicinity of Vienna International Airport Schwechat (the “platform”). These platform terms and conditions for registration and use (hereinafter also referred to as “Terms”) govern the relationship of users registered on the platform (“users”) with respect to the use of the platform and the services of Parktiger. The respective contractual relationship to the concrete renting / renting of the parking lots is subject to the regulations of the rental terms (see below) in the version valid at the time of concluding the rental agreement as well as any other conditions (see also Section V). By registering, the user accepts these terms and conditions as legally binding for him for this area of application.

2. Changes

Parktiger may amend these terms and conditions at any time and without stating any reasons, but announces this in advance in a suitable manner (eg by e-mail) with a notice period of at least 30 days. Without objections within this period and in any case with the further use of the platform after expiration of the period by the user the changes are accepted as accepted. The user will be informed of this sequence in a more parktiger way by sending the changed terms and conditions. All other changes to these GTC or deviating agreements must be in writing.

II. REGISTRATION

1. General

The platform and its services may only be used by registered users. A commercial use of the platform is only permitted by separate agreement with parkers. Registration is free and non-transferable; the user account is personal and may not be made available to third parties. If the server is inactive for more than 180 days, the parker is authorized to delete user accounts and terminate the contract.

2. Registration requirements

When registering, the respective mandatory fields must be filled in correctly and correctly (in particular: name, email address, date of birth and, in the case of legal entities, company and company book excerpt, UID number, if required). Renting users must provide information about the license plate of their vehicle. The user assures that his information is always up-to-date, complete and truthful and confirms this on request. Selected usernames must not be misleading, obscene, condescending or otherwise offensive or unfair. Passwords must be chosen securely. There is no right to registration. Parkers can refuse such without giving reasons.

3. Start of contract and inclusion in the user base

The user is registered if he has completed and submitted his registration application, has accepted the terms and conditions and has received an e-mail from parktiger. By registering, the user concludes a contract with the parkkeeper for the use of the platform and the associated services of the park. These Terms and Conditions and any other terms referred to in the Terms are part of this contract. parktiger may require users to sign a written contract and terminate the contract without notice and return without notice.

4. Termination of the contract

The user can terminate the contract with the parktiger at any time and without giving reasons by exercising the corresponding function on the platform or by giving written notice of termination. Upon receipt of the termination, the user account may be partially or completely blocked by the user.

Parktiger will store the personal data of the user after the end of the contract only as long as it is necessary for the execution of the contractual relationship and legally permissible.

Parktiger is – as far as nothing else is agreed – entitled a user at any time, without giving reasons and without observing a deadline from the platform exclude, i. terminate the user base and thus the contract with the parktiger, without giving the user any claims against parktiger. Parker informs the user of the blocking, exclusion or termination in writing, via the platform and / or by e-mail.

Existing leases for parking lots are not affected by a termination of the user base and the cancellation of the contract with a parking lot. They can be terminated according to the legal regulations, unless otherwise stipulated by these terms and conditions.

III. OBLIGATIONS OF THE USER

1. User account

The user is obliged to keep his password secret at all times. If there is any suspicion or certainty that a third party knows the password, it must be changed immediately. The user is responsible for all actions that take place using his username and password, against parkers and other users as for his own. Parktiger’s records are believed to be correct, complete and conclusive by the parties.

2. Using the platform

The platform may only be used manually and only as intended. The use of mechanisms, software or other scripts which may encumber the Platform or which may be contrary to the public or declared interests of a Parktiger is prohibited. In particular, crawlers, search robots, or other automated means of retrieving data or users of the Platform shall not be used. Users must not take any action that could result in unreasonable or excessive loading of the Platform or otherwise interfere with the Platform. Users are prohibited from blocking, overwriting, or modifying content generated by the Platform.

Users may not use the Platform for any form of advertising. In particular, the content published on the platform may not contain links or Internet addresses. Furthermore, a resale of services / a transfer through the platform is not permitted.

parktiger can communicate with users via the platform and in this way send legally binding messages. This happens e.g. through informational emails. They are deemed received as soon as they are available on the platform for the users concerned. This also applies if parkers should indicate to the user the receipt of new messages by e-mail or if this e-mail display does not work. It is up to the users to regularly check the platform for new messages.

3. Intellectual property, third party rights, compliance with applicable law

Texts, pictorial representations and other contents and information which a user publishes on the platform in any form or form or otherwise communicates via the platform may be used by parkers in connection with the operation of the platform, the provision of their services and their application and documentation (also using screenshots) are used temporally and locally unlimited and without compensation.

The user warrants that these texts, pictorial representations and other contents and information do not infringe any intellectual property, personal and other rights of third parties or otherwise violate applicable law or morality and may allow the above-mentioned use more parktiger. The texts, illustrations and other content and information may not be offensive, condescending, obscene, defamatory, harassing, defamatory, disparaging, reputation-damaging, misleading, etc. be or cause confusion. The user may only publish pictures on the platform which he has created himself or which have been approved by the copyright holder for use in the park; this also applies to content already published on the internet.

The user also undertakes otherwise to abide by applicable law in all respects.

Texts, pictorial representations and other contents and information of the platform may only be used as far and as long as necessary for the proper use of the services addressed via the platform. Users are not granted any rights in this regard. The use of the logos, trademarks and other characteristics of parktiger is permitted only with prior express permission and only within the limits of parktiger.

IV. SPECIAL RIGHTS AND OBLIGATIONS OF PARKING

Parker offers users their services through the platform within their resources, operational capabilities and strategic direction. Parker is free in the design. The platform can be accessed via various devices / websites and apps (collectively referred to as “access routes”). However, the decision on the access routes is solely at the discretion of more parked. Parker is entitled to change, extend, limit and discontinue these at any time.

The use of apps may be subject to the acceptance of additional license and conditions of use of parked and third parties. In addition, e.g. the use of the website via a mobile terminal also incurs further costs (e.g., mobile data connection charges / roaming charges); for this the user is alone responsible.

Parktiger may process and adapt texts, pictorial representations and other content and information of the user in such a way that they can be displayed as required on websites and in the apps. The representations may differ depending on the access route. However, users are bound in the same way when concluding a contract for each access route.

Parktiger is not obliged to check the parking spaces offered for rent for their suitability, availability or otherwise.

V. RENT OF PARKING SPACES

A parking space rental agreement is always made between rental and rental users in accordance with the provisions of parktiger for the rental of parking spaces by rental users (“Rental Conditions”) in the version valid at the time of conclusion of the rental agreement and any other special conditions arising from Specify offer on the platform in detail, completed; Otherwise, the statutory provisions apply. Parker is solely an intermediary and not party to these leases and therefore not responsible for their correct performance. Deviating from this, parking spaces rented outside the platform can in individual cases even act as landlords, whereby this is disclosed in each case and then the same terms and conditions apply to parkers as to other letting users.

VI. DATA PROTECTION

Parktiger undertakes to treat the personal data of users confidentially in accordance with the statutory provisions (in particular of the DSG). User, inventory and usage data are processed by parktiger only to the extent necessary for contract fulfillment and bookkeeping. parktiger reserves for contract fulfillment and bookkeeping other useful types of data processing to the extent permitted by law. Otherwise, the separate applies Data protection from parkiger.

VII. WARRANTY, TECHNICAL INTERFERENCE, MAINTENANCE

Parker endeavors to ensure the availability and correct functioning of the platform (including the website of parkers), but does not guarantee this, nor does it guarantee the accuracy and completeness of the information contained therein, including the identity and other information of the registered users. Due to maintenance or other reasons, the platform or parts of it may be temporarily unavailable or may only be available to a limited extent, without the user or the member being entitled to any more claims for more space.

VIII. DISCLAIMER OF LIABILITY

Claims for damages in cases of slight negligence are excluded unless they are personal injuries. The liability of parktiger is therefore, insofar as permitted by law, limited to intent and gross negligence and to the culpable violation of essential contractual obligations. Significant contractual obligations are those in the case of which the purpose of the contract is endangered.

Parktiger is not liable for damages resulting from the rental agreements concluded via the platform, not for the correctness and / or completeness of the parked data provided by the users or third parties and not for technical problems, as a result of which the parking spaces offered for rent may not be, be presented late or faulty or otherwise lead to disruptions in the execution of the contract. Parker is not liable for any damages incurred by users or third parties as a result of the behavior of other users or third parties in connection with the use or misuse of the platform.

IX. DAMAGE / EXEMPTION

If a user violates or agrees to the terms of this agreement or any other provision of this Agreement or any agreement concluded with another user in connection with the platform, such user will become more parkty with respect to any other user’s legitimate claims or indemnify a third party for the first time. Parker indicates to the User such claims within a reasonable period of time and imparts the defense of these claims to the user obliged to indemnify, otherwise the user must (also) replace the necessary and useful legal and practical costs of representation and legal costs.

X. TRANSFER OF RIGHTS AND OBLIGATIONS TO THIRD PARTY SUB-COMPANIES

Parkiger reserves the right to transfer the contract with the user and any or all rights and obligations thereof to a third party or have it exercised or performed by third parties.

XI. SALVATORY CLAUSEL

Should individual provisions of these terms and conditions be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the remaining terms and conditions shall remain unaffected. The invalid and / or ineffective provisions shall be replaced by those which come closest to the meaning and purpose of the invalid and / or ineffective provisions in a legally effective manner. The same applies to any gaps in the regulation.

XII. APPLICABLE LAW AND JURISDICTION

For all legal transactions and any legal relationships between the user and the parking lot, Austrian law applies exclusively, excluding its reference standards. If the customer is an entrepreneur within the meaning of § 1 (1) Z 1 KSchG, the place of jurisdiction for the registered office of the local and local court is the exclusive place of jurisdiction. Vienna, June 19, 2015

Rental Terms

I. GENERAL

Scope of application These leasing terms and conditions (hereinafter also referred to as “terms and conditions”) govern the legal relationship between leasing and letting users of the parktiger platform operated by parktiger M18 GmbH with headquarters in Vienna and the business address Versorgungsheimstraße 45, 1130 Vienna (parktiger). A tenant user is understood to mean a user of the parking platform who leases a parking space; a leasing user is understood to mean a provider of parking spaces via the parking platform.

II. RENT OF A PARKING PLACE

1. Legal relationship

The parking lot rental contract is concluded between leasing and renting users in accordance with the provisions of these Terms and Conditions and any other special conditions resulting from the offer on the platform in detail; Otherwise, the statutory provisions apply. Parker is solely an intermediary and not a party to these leases and therefore not responsible for their correct performance. Deviating from this, parking lots with parking spaces rented by them outside the platform can in individual cases even act as lessor.

2. Lease

The hiring user concludes a temporary, short-term rental agreement with the hiring user for the agreed period of time for the use of the agreed parking space. The agreed period and parking space results from the corresponding rental process of the platform and is recorded by the latter in a binding manner. The conclusion of the lease will be confirmed by both parties through the platform via e-mail, but a separate document on the lease will not be established. If the contracting parties – for whatever reason – want to set up a written rental contract, it is pointed out that they have to pay this document according to § 33 GebG.

The hiring user is obliged to keep the agreed parking space available for the agreed period for the agreed duration in a condition suitable for the intended use for the use of the hiring user.

The owed rent (parking fee) is individual for each parking space and is displayed on the platform; the rent can change at any time, but is considered agreed upon conclusion of the lease. The rent includes any additional costs (but not the cost of the legal fee of the lease in terms of § 33 GebG, in the event of the establishment of a deed on the lease) already included, as well as the commission for parking.

The hiring user can cancel any rental up to 24 hours (website or app) before the rental period. In the event of cancellation, the hiring user is not entitled to any compensation or compensation claims.

3. Payment arrangements

Parktiger collects the parking fee agreed on the platform after the conclusion of a rental agreement with the start of the rental according to the payment method chosen by the hiring user. The hiring user agrees to this fee collection upon conclusion of the lease. The payment methods offered by parktiger are available.

The payment of the rental fee is initially made to the lessor, where the rental fee after deduction of the commission and other shares and any other amounts owed by the letting user, transfers to the letting user.

As far as relevant, the Pre-Notification deadline is acc. shortened the SEPA rules to one day.

All fees include VAT at the statutory rate, as far as it is incurred.

4. Misconduct, problems and disputes

In the event of a dispute (for example, due to a rental period being exceeded or damage to the letting user’s property by the hiring user), it will do more to the best of his ability to reach an agreement between the parties. If, in the event of a dispute, the conciliation attempt by a parked party fails, a possible (judicial) dispute is left to the contracting parties. If a user repeatedly exceeds the agreed rental period, uses non-rented parking spaces, damages property or otherwise behaves in an unreasonable manner towards other users and more than enough parking space is available, more parking will warn the user in question. However, Parker reserves the right to terminate the contractual relationship with the user concerned and to exclude him from using the platform.

5. Right of withdrawal

If a user is a consumer within the meaning of § 1 (1) Z 2 KSchG, the user is entitled to the statutory right of withdrawal under the conditions laid down in the KSchG. Apart from that, the hiring user can cancel any rental for up to 24 hours (website or app) before the rental date.

III. SPECIAL OBLIGATIONS OF THE RENTING USER

The rented parking spaces may only be used for the purpose for which they are intended, ie. usually for the temporary parking of vehicles. The vehicles must comply with the applicable legal regulations, in particular the StVO and the KHVG. The obligations of the StVO and the KHVG are to be followed even if the parking lot is located on a private property.

The use of the parking lot may not affect third parties or the leasing user in his or her legitimate interests. The parking lot and the surrounding area must be used with care and must not be damaged or soiled in a manner beyond its proper use. Damage and other circumstances that affect the intended use of the device are to be reported to the hiring user immediately.

A hiring user may only use the parking space he hired, and only within the agreed period. He may not sublet the parking space or make it available to third parties.

The hiring user owes the rental user the agreed rental fee.

In addition, the hiring user agrees to comply with any additional rental / user-specific house and / or usage regulations of the hiring user (for example, at the entrance to the parking lot or at the building or informing the hiring user in advance by the hiring user).

IV. DAMAGE / EXEMPTION

If a user violates or agrees to the terms of this agreement or any other provision of this Agreement or any agreement concluded with another user in connection with the platform, such user will become more parkty with respect to any other user’s legitimate claims or indemnify a third party for the first time. Parker indicates to the User such claims within a reasonable period of time and imparts the defense of these claims to the user obliged to indemnify, otherwise the user must (also) replace the necessary and useful legal and practical costs of representation and legal costs.

V. SALVATORY CLAUSES

Should individual provisions of these terms and conditions be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the remaining terms and conditions shall remain unaffected. The invalid and / or ineffective provisions shall be replaced by those which come closest to the meaning and purpose of the invalid and / or ineffective provisions in a legally effective manner. The same applies to any gaps in the regulation.

VI. APPLICABLE LAW AND JURISDICTION

For all legal transactions and any legal relationships between the user and the parking lot, Austrian law applies exclusively, excluding its reference standards. If the customer is an entrepreneur within the meaning of § 1 (1) Z 1 KSchG, the place of jurisdiction for the registered office of the local and local court is the exclusive place of jurisdiction. Vienna, June 19, 2015