General Terms and Conditions (GTC)
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General Provisions
1.1.
The use of parking spaces (hereinafter referred to as “parking lot”) is only permitted after conclusion of a usage agreement. The usage agreement is concluded between M18 GmbH (“Parktiger”) as the parking lot operator on the one hand and the user of the parking lot (hereinafter referred to as “customer”) on the other
1.2.
A usage agreement is concluded upon payment of a parking fee, whereby the parkingspaces are operated on a first-come, first-served basis. Payment of the parking fee thereforeonly entitles the user to use a free parking space and does not constitute a reservation or guarantee of a specific parking space or any parking space at all. A parking space can only be used if a free parking space is actually available. Applies only to Park & Ride car parks.
1.3.
Payment of the parking fee can alternatively be made as follows:
• Booking by purchasing a parking ticket from a machine on site
• Online booking via the website https://www.parktiger.at/
• Online booking via the website https://www.repark.at/ (this option is only available for the “Parktiger P&R Heiligenstadt” location)
• Booking via the “repark” app (this option is only available for the “Parktiger P&R Heiligenstadt” location)
• Booking via the ‘easypark’ app (this option is only available for the Vienna locations “Parktiger P&R Heiligenstadt” and “Parktiger P&R Wienerberg”)1.4.
Payment of the parking fee can be made either before or after finding a free parking space, at the customer’s discretion. However, the customer expressly acknowledges that even if the parking fee has been paid in advance, there is no entitlement to a free parking space and, even if a fee has been paid in advance, the customer has no right to a refund. Applies only to Park & Ride car parks.
Payment of the parking fee therefore does not constitute a reservation or guarantee of a parking space, but only entitles the customer to use a free parking space subject to actual availability. Applies only to Park & Ride car parks.1.5.
In the event that one of the alternative options offered for paying the parking fee cannot be used by the customer for technical (or other) reasons, the customer must choose one of the other alternative options for paying the fee. If none of the alternative options for paying the fee can be used for technical (or other) reasons, the customer is not entitled to use the parking space.
1.6.
The usage agreement is not subject to the provisions of the Austrian Tenancy Act (MRG).
1.7.
By concluding the usage agreement, the customer agrees to these parking conditions.
1.8.
The parking lot operator does not conclude usage agreements for vehicles without a valid license plate. A booking for such a vehicle is void; any fees paid for it may be reclaimed. Vehicles without license plates will be towed away immediately at the expense of the personwho brought the vehicle to the parking lot.
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Subject matter of the contract
2.1.
Upon conclusion of the usage contract by paying the fee, the customer acquires the right to park a roadworthy and operational vehicle in a free, marked, and suitable parking space. There is no entitlement to the allocation or reservation of a parking space unless expressly agreed otherwise in writing. The license plate number provided by the customer at the time of booking is considered authorization. A separate entry must be made for each vehicle with a number plate.
2.2.
Existing restrictions (e.g., reservations or time limits) on authorization must be strictly observed. If the time limit for the parking space reservation is exceeded, the parking lot operator is entitled to charge the customer a processing fee of EUR 120.00.
2.3.
Disabled parking spaces may only be used by persons with a valid, clearly visible disabled parking permit in accordance with § 29b StVO (German Road Traffic Regulations).
2.4.
A claim to a specific parking space only exists if expressly agreed in writing
2.5.
The Road Traffic Regulations (StVO) in their currently valid version apply mutatis mutandis to the parking lot. The prescribed speed limit must be observed.
2.6.
Parking vehicles without a license plate is only permitted with the prior written consent of the parking lot operator.
2.7.
The guarding or safekeeping of the parked vehicle, its accessories, or objects inside the vehicle is not part of the contract. It is recommended that no valuables be left in the vehicle.
2.8.
Refunds due to alleged non-use of the parking space are excluded, as Parktiger is unable to objectively verify the actual use or non-use of the parking space by the customer: Once the contract of use has been concluded, cancellations, changes, and refunds of the parking fee paid are therefore excluded. This also applies if the customer cannot find a free parking space or does not use the parking ticket.
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Liability provisions
3.1.
The parking lot operator is not liable for the behavior of third parties, in particular for theft, burglary, damage, or similar incidents, regardless of whether these third parties are authorized or unauthorized to be in the parking lot.
The parking lot operator is only liable for property damage caused by a breakdown of the system or by actions of the parking lot operator or its vicarious agents in cases of intent or gross negligence.3.2.
The parking lot operator is not liable for damage resulting from force majeure or for immaterial damage (e.g., loss of profit).
3.3.
The customer undertakes to secure and lock the parked vehicle properly and to leave the parking lot after parking the vehicle.
3.4.
The instructions of the parking lot staff must be followed. Damage to facilities or other vehicles must be reported to the parking lot operator
immediately before leaving. -
4. Parking Fees and Operating Hours
4.1.
The currently valid rates, any additional fees, and the operating hours can be found on the parking lot operator’s website (https://www.parktiger.at/).
4.2.
Entry, exit, and access are generally only permitted during the announced operating hours and after conclusion of the usage agreement by payment of the parking fee.
Payment of the parking fee does not constitute a reservation or guarantee of a parking space, but only entitles the customer to use a free parking space subject to actual availability.
The license plate number provided by the customer at the time of booking is valid as authorization for use.4.3.
If a vehicle exits immediately after entering, this is free of charge (transit tolerance).
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Parking authorization for the “Parktiger P&R Wienerberg” parking lot
5.1.
During the period of validity associated with the reservation, the vehicle may be parked without additional fees
5.2.
If the driver has a parking permit, this only entitles them to park if
- the parking permit is displayed clearly visible on the windshield before parking the vehicle, and
- a parking disc or other proof of arrival time is enclosed or displayed.
5.3.
If the parking permit is not displayed correctly or if the arrival time is not indicated or is clearly incorrect – in particular if it can be proven that it is after the actual parking of the vehicle – or if the permitted parking time of the parking permit is exceeded, the parking lot operator is entitled to charge the customer a processing fee of EUR 120.00.
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Parking of Vehicles
6.1.
The vehicle must be parked within the marked parking spaces in such a way that third parties are not obstructed and no reserved spaces (e.g., disabled parking spaces) are used without authorization. If two parking spaces are occupied, double the parking fee must be paid.
6.2.
The parking lot operator is entitled to remove or secure vehicles that are parked in violation of the contract, obstruct traffic, or are parked outside of marked areas at the customer’s expense and risk until all costs have been paid.
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Period of validity and removal of the vehicle
7.1.
The maximum parking period is 30 days, unless a special agreement (e.g., long-term parking contract) exists.
7.2.
The parking lot operator is entitled to remove the vehicle at the customer’s expense and risk, in particular if
- the maximum parking period has expired and a written notification including a grace period has been unsuccessful,
- the fee due exceeds the obvious value of the vehicle (low value),
- the vehicle has safety-related defects or loses its registration, or
- the vehicle is parked in a way that causes obstruction or in reserved spaces.
7.3.
A low-value vehicle (obvious value below EUR 2,000) may be disposed of. Claims are limited to the proceeds remaining after deduction of all costs (§ 471 ABGB).
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Rules and regulations
8.1.
Vehicles must be roadworthy, safe to operate, and registered. The removal of license plates is only permitted with the consent of the parking lot operator
8.2.
If an incorrect license plate number is provided at the time of booking or if it is changed without notification, the parking lot operator is entitled to charge the customer a processing fee of EUR 120.00.
8.3.
The following behaviors are prohibited in the parking areas:
- Smoking or open fires,
- Storage of objects, especially flammable materials,
- Maintenance or repair work,
- Leaving the engine running for long periods of time or honking the horn,
- Parking leaky or unroadworthy vehicles,
- Parking without license plates or on traffic areas, emergency exits, or sidewalks,
- Distributing advertising material without consent,
- Riding bicycles, scooters, or motorcycles (unless they are parked there).
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Note on unauthorized and unlicensed use of the parking areas
No contract of use is concluded with persons who use the parking spaces of the parking lot operator without paying the prescribed fee before parking their vehicle (due to failure to pay the fee properly). They are therefore using the parking spaces of the parking lot operator without title and are disturbing the peaceful possession of the parking lot operator.
The parking lot operator reserves the right to make these persons an offer to settle all civil law claims arising from their unauthorized use of the property and disturbance of possession and, if this offer is rejected, to pursue these claims in court.