General Terms and Conditions (GTC) of M18 GmbH (“Parktiger”)
-
General Provisions
1.1. Scope of Application
The use of parking spaces (hereinafter referred to as the “Parking Area”) is permitted exclusively upon the valid conclusion of a Usage Agreement. Such Usage Agreement shall be entered into between M18 GmbH (hereinafter referred to as “Parktiger” or the “Operator”) and the user of the Parking Area (hereinafter referred to as the “Customer”).
1.2. Formation of the Contract
The Usage Agreement is concluded upon payment of the parking fee. Payment and reservation of
a parking space may be effected through one of the following means:
• by purchasing a parking ticket from an on-site ticket machine;
• online via https://www.parktiger.at;
• online via https://www.repark.at (available only for “Parktiger P&R Heiligenstadt”);
• via the “Repark” application (available only for “Parktiger P&R Heiligenstadt”); or
• via the “Easypark” application (available only for “Parktiger P&R Heiligenstadt” and “Parktiger P&R Wienerberg”).1.3. Alternative Payment Methods
Should one of the aforementioned payment methods be unavailable for technical or other reasons, the Customer shall be required to select an alternative method of payment.
1.4. Exclusion of Tenancy Law
The Usage Agreement shall not be governed by the provisions of the Austrian Tenancy Act (MRG).
1.5. Acceptance of Terms
By concluding the Usage Agreement, the Customer expressly accepts and agrees to be bound by these General Terms and Conditions.
1.6. Vehicles Without Registration
Usage Agreements for vehicles without valid registration plates shall not be concluded. Any booking made for such a vehicle is void, and any fee paid may be reclaimed. Vehicles without valid license plates may be towed away at the expense and risk of the person who brought the vehicle onto the Parking Area.
-
Subject Matter of the Agreement
2.1. Parking Entitlement
Upon payment of the parking fee, the Customer acquires the non-exclusive right to park a roadworthy and operationally safe vehicle in a designated and suitable parking space. The reservation must be completed prior to parking, and the license plate number specified during booking constitutes the sole proof of authorization.
2.2. Compliance with Restrictions
All applicable restrictions (e.g., reservations, time limitations) must be strictly observed. In the event of an overstay, the Operator shall be entitled to impose a processing penalty of EUR 100.00.
2.3. Disabled Parking
Spaces reserved for disabled persons may only be used by individuals possessing a valid and clearly visible disabled parking permit in accordance with § 29b of the Austrian Road Traffic Act (StVO).
2.4. No Right to a Specific Parking Space
The Customer shall have no entitlement to a specific parking space, unless expressly agreed in writing.
2.5. Applicable Traffic Rules
The provisions of the Austrian Road Traffic Act (StVO) shall apply mutatis mutandis within the Parking Area. All posted speed limits and traffic instructions must be observed.
2.6. Unregistered Vehicles
Parking vehicles without valid license plates requires the Operator’s prior written consent.
2.7. No Custody Relationship
The Operator does not assume any duty of supervision or safekeeping of the parked vehicle, its accessories, or items left therein. Customers are strongly advised not to leave valuables inside the vehicle.
2.8. No Cancellation or Modification
For technical and operational reasons, cancellations or modifications of bookings are not permitted.
-
Liability
3.1. Exclusion of Third-Party Liability
The Operator shall not be liable for the acts or omissions of third parties, including but not limited to theft, burglary, or damage—whether caused by authorized or unauthorized persons. The Operator shall only be liable for damage caused intentionally or through gross negligence by itself or its agents.
3.2. Force Majeure and Indirect Damages
The Operator shall not be liable for damages resulting from force majeure, nor for indirect or immaterial losses, such as loss of profit.
3.3. Customer’s Obligations
The Customer must properly secure and lock the vehicle and shall immediately leave the Parking Area after parking.
3.4. Reporting of Damage
The Customer must follow the instructions of the Operator’s personnel at all times. Any damage to facilities or other vehicles must be reported prior to exiting the Parking Area.
-
4. Parking Fees and Operating Hours
4.1. Tariffs
The applicable tariffs, supplementary charges, and operating hours are published on the Operator’s website at www.parktiger.at.
4.2. Access
Entry, exit, and access are generally permitted only during operating hours and following payment of the parking fee. Reservations must be made in advance, and the vehicle’s license plate number serves as the authorization reference.
4.3. Drive-Through Tolerance
If a vehicle exits the Parking Area immediately after entry, no parking fee shall be charged.
-
Special Provisions for “Parktiger P&R Wienerberg”
5.1. Conditions of Validity
Parking authorization for the “Parktiger P&R Wienerberg” facility is valid only if:
- the parking permit is clearly displayed on the windshield, and
- a parking disc or other proof of arrival time is visibly placed
5.2. Improper Display or Overstay
If the permit is not properly displayed, the arrival time is missing or evidently incorrect (in particular if later than the actual time of arrival), or the authorized parking period is exceeded, a contractual penalty of EUR 100.00 shall be payable.
-
Parking of Vehicles
6.1. Proper Use of Parking Spaces
Vehicles must be parked within the marked boundaries of the designated space, ensuring no obstruction other
users or unauthorized use of areas. Occupying two spaces shall result in the obligation to pay double the applicable parking fee.6.2. Improperly Parked Vehicles
Vehicles parked in breach of contract, obstructing traffic, or outside marked spaces may be removed, relocated, or secured at the Customer’s expense and risk until all costs have been settled.
-
Duration of Validity and Vehicle Removal
7.1. Maximum Duration
The maximum parking duration is 30 days, unless otherwise agreed (e.g., under a long-term parking contract).
7.2. Removal of Vehicles
The Operator shall be entitled to remove a vehicle at the Customer’s expense and risk, particularly where:
- the maximum parking duration has expired and a written notice with a grace period has elapsed without remedy;
- the outstanding fee exceeds the apparent value of the vehicle (low-value vehicle);
- the vehicle exhibits safety defects or has lost its registration; or
- the vehicle obstructs or occupies reserved areas.
7.3. Disposal of Low-Value Vehicles
A vehicle with an apparent value below EUR 2,000 may be sold.
The Customer’s claim shall be limited to any surplus proceeds remaining after deduction of all expenses (§ 471 Austrian Civil Code – ABGB). -
Conduct Regulations
8.1. Vehicle Condition
All vehicles must be roadworthy and duly registered. Removal of license plates requires the Operator’s consent.
8.2. Incorrect License Plate Details
If an incorrect license plate is provided or altered without notification, the Operator may charge a processing penalty of EUR 100.00.
8.3. Prohibited Conduct
The following activities are strictly prohibited on the Parking Area:
- smoking or the use of open flames;
- storage of objects, in particular flammable materials;
- maintenance or repair work;
- unnecessary idling of engines or use of horns;
- parking of defective, leaking, or unroadworthy vehicles;
- parking without license plates or in driveways, exits, or pedestrian areas;
- distribution of advertising material without prior consent;
- riding of bicycles, scooters, or motorcycles (except when parked).
-
Unauthorized and Unlawful Use
Persons who park their vehicles without prior payment of the required parking fee do not enter into a Usage Agreement and are thereby occupying the property without legal title, infringing upon the Operator’s lawful possession. The Operator reserves the right to offer such persons an out-of-court settlement to compensate for all civil claims arising from the unauthorized use and disturbance of possession. Should such an offer be declined, the Operator expressly reserves the right to pursue all claims through legal proceedings.