Contract and parking terms and conditions for the parking facilities at Salzburg Airport W. A. Mozart (including licence plate recognition and old motor vehicles) as of 01.09.2014
1. Upon the parking of a vehicle, the parking space is considered to be provided in proper form. The use of the parking facility is performed at the Lessee’s own risk. The Lessor cannot be held liable for damages that are caused by other Lessees or other third persons.
2. Supervision or safekeeping of the parked vehicle or other tasks and functions, which go beyond the sole parking space provision, is not subject matter of the contract. The Lessor accepts no duty of safekeeping whatsoever. Therefore, the Lessor is not liable for theft / misappropriation etc. of the vehicle, of vehicle parts and components or of vehicle contents.
3. The Lessor hereby expressly points out the fact that the vehicle registration number and the time of entry are recorded and saved upon entry into the parking facility. When exiting the parking facility, the registration number linked to the parking ticket is compared to that of the exiting motor vehicle. If there should be a discrepancy between the two, the vehicle will be unable to exit the facility. After exiting the parking facility, the registration number will be irrevocably deleted from the system. The Lessee expressly declares agreement with this form of recording.
4. Within the scope of the contractually accepted obligations, the Lessor is only liable for damages caused by himself / herself, his / her vicarious agents or members of his / her staff while fulfilling contractual duties. The Lessor is only liable for damages caused by his / her vicarious agents in culpa in eligendo (fault through a poor choice of vicarious agent). In any event, the Lessor is only liable for damages, which are not cases of personal injury, when at least gross negligence is involved. The Lessor is not liable for damages caused to the vehicle or its contents by an illegal act or by indirect and / or direct acts of nature beyond control.
5. The Lessee is liable for any damages that are caused to the Lessor, to employees of the Lessor or to other Lessees either by the Lessee himself / herself, his / her delegate or his / her accom-panying persons. The Lessee is obligated to immediately notify the Lessor of any such damages.
6. The Lessee is only entitled to use a non-reserved, available parking space in order to park a vehicle. The Lessee must follow the instructions of the Lessor’s staff and observe the provided automatic traffic routing system, traffic and information signs, as well as any given regulations. Parking on areas that are not marked as parking spaces is forbidden. Parking on more than one parking space is forbidden, as well as obstructing access to and departure from other parking spaces and areas. If the Lessee should obstruct or use more than one parking space with one vehicle, the Lessor is entitled to charge a higher fee. Marked parking spaces for the disabled are only allowed to be used by disabled persons, whereby the vehicle must clearly display a certificate of disability in accordance with § 29b StVO traffic regulations.
7. Parking of vehicles with leaking fuel systems or other faults, which may endanger the operation of the parking facility, is forbidden.
8. The parked vehicle must be locked with due care and secured in a manner customary with road regulations. Valuables should not be left behind in the vehicle.
9. When driving in and out of the parking facility, the Lessee has a responsibility to observe cus-tomary traffic regulations, even when members of the Lessor’s staff provide support and instructions.
10. Driving out is only allowed upon return of the parking ticket and payment of the leasing / parking fee. The amount of the parking fee can be gathered from the respectively posted price list.
11. After paying the parking fee, the Lessee is provided an appropriate period of time in which to collect the vehicle and drive past the exit barrier (exit time tolerance). If the exit time tolerance is exceeded, the fee will be recalculated.
12. The parking ticket or long-term parking ticket is to be stored in a safe and appropriate manner. The Lessee bears responsibility for risk of damage and loss. If the parking ticket or long-term parking ticket should no longer work due to damage sustained while in the Lessee’s possession, the Lessor has the right to charge both the parking fee and any other costs incurred.
13. If the Lessee should lose the parking ticket or long-term parking ticket, the Lessee is obligated to pay a replacement fee in accordance with the price list, unless the Lessor can prove a longer parking period or the Lessee can prove a shorter parking period. The parking period is checked on the basis of the recorded registration number or the respective vehicle, insofar as the number was recorded. In this case, the leasing fee for the actual parking period must be paid. If the parking ticket is lost, a vehicle can only be released upon provision of an official form of photo identification and the certificate of registration for the motor vehicle. The registered vehicle owner is deemed as the authorized user of the vehicle.
14. Smoking and the use of open flames is not allowed within an enclosed parking facility. It is also forbidden to leave the engine running, to test the engine or to sound the horn unnecessarily.
15. It is forbidden to deposit and store any kind of objects or materials, especially flammable or potentially explosive materials.
16. Persons are not allowed to linger within the parking facility for an excessive period of time beyond that necessary for parking or collecting a vehicle. The performance of cleaning, repairs and/or maintenance work on vehicles parked within the parking facility is forbidden, unless ex-press approval is given by the Lessor.
17. The Lessee declares agreement that the Lessor can have the Lessee’s vehicle towed from the parking facility, at the cost and risk of the Lessee, if:
a) the parked vehicle endangers or impedes the operation of the parking facility due to loss of fuel, other liquids or fumes or due to other kinds of faults that may present a potential safety hazard;
b) the vehicle does not or no longer complies with the Motor Vehicles Act (collection costs are charged to the Lessee);
c) the vehicle is parked in violation of the traffic regulations, obstructively or on reserved parking spaces;
d) the maximum parking period is exceeded, provided that the Lessee or the registered vehicle owner is given prior written notification or such notification proves unsuccessful or the registered owner can no longer be determined. An obviously abandoned vehicle – particularly without number plates or with an invalid or expired technical inspection certificate in accordance with § 57a of the Motor Vehicles Act – entitles the Lessor to liquidate or sell the vehicle. Claims asserted by possible owners are limited to the liquidation or sale proceeds (in accordance with § 471 ABGB (Austrian Civil Code) after deduction of all costs), which will be forwarded to the proven owner/beneficiary within a period of 2 months. The value of the vehicle is to be determined by a qualified expert.
In these cases, the parking facility operator also has the right to place and possibly secure the vehicle within the parking facility in such a manner that the Lessee is unable to drive the vehicle away without the parking facility operator’s assistance.
Until the point in time in which the vehicle is removed from the parking facility and in addition to costs incurred through the removal of the vehicle, the parking facility operator is also entitled to charge the payment of the parking fee in accordance with the price list.
18. The Lessee also declares agreement that the Lessor is allowed to move the vehicle within the parking area / parking facility of the entire grounds of Salzburg Airport at the expense and risk of the Lessee, insofar as this action is necessary due to statutory requirements, construction measures in connection with the parking facility or due to other such important reasons. As far as is possible, the Lessor will leave a notice at the original parking space to inform of the vehicle’s new location. The Lessee is recommended to firstly contact the desk or the management if a vehicle can no longer be found at the original parking location.
19. With regard to all claims deriving from the leasing contract, the Lessor has a right of retention and a statutory lien on the parked vehicle and its contents, even if the vehicle is not owned by the Lessee, but is actually owned by a third party. In order to secure the right of retention, the parking facility operator can prevent the removal of the vehicle with the aid of respectively ap-propriate means (immobilisation).
20. Notwithstanding the aforementioned terms of contract, the following regulations apply to long-term parkers:
a) The agreed payment is constituted by the leasing fee for the provision of a parking space. A notification about changes to the leasing fee is to be given in writing.
b) The leasing relationship can – if agreed upon for an unlimited period – be terminated at the end of a month subsequent to at least one month’s prior notice. The termination of contract must be given in writing and – as far as legally admissible – be sent by registered mail to be received at the latest on the last working day before the beginning of the notice period.
c) Given due cause, the Lessor has the right to cancel the leasing contract with immediate effect and without a period of notice if the Lessee does not fulfil his or her obligations of contract – for example, use contrary to terms of contract, violation against statutory provisions and arrears – and also in case of changes to the preconditions, which led to the conclusion of the leasing contract and the respective rate agreement. Arrears in this regard are outstanding leasing payments owed by the Lessee for a period of over a month. The inactivation of the long-term parking ticket does not effectuate a cancellation or interruption of the leasing contract. The payment of the leasing fee is independent of the use of the parking facility. In the case of a termination of contract without compliance with a period of notice, the Lessee is liable for the, thus, accrued loss of leasing fee, but only up to the date upon which the contractual relationship was due to end with a proper period of notice.
d) All costs and fees deriving from the establishment of a long-term parking contract are charged to the Lessee.
e) If the Lessee declared his or her registration number upon conclusion of contract, the number will not be deleted from the system after exiting the parking facility, contrary to Point 3, but will be stored for the duration of the leasing relationship. This serves to facilitate the automatic opening of barriers when driving in and out of the parking facility.
21. In cases of free transfer of use of parking spaces, the aforementioned provisions of contract are appropriately applied with the exception of provisions on leasing fees.
22. The parking facility is exclusively intended for the purpose of short-term parking. Therefore, the Lessor has the right to take measures in accordance with Point 17 if the vehicle should be parked continuously within the parking facility for longer than 90 days without the conclusion of a respective long-term leasing contract. The Lessee declares agreement that the Lessor has the right to demand an appropriate payment of leasing fees at any time after a period of 90 days.
23. The fire alarm is to be activated in the event of fire or upon detection of a smell of burning. Any installed warning or information signs, such as “What to do in case of fire”, are to be observed.
24. Insofar as necessary and possible, endangered persons are to be warned, injured or helpless persons are to be evacuated and parking areas and facilities are to be exited as quickly as possible. Do not use elevators in the event of fire!
25. In order to protect the property itself (parking facility) and fulfil the duty of care, the Lessor uses a video surveillance system that is operated in compliance with the respectively applied provisions of data protection law.
26. The video recordings are not specifically intended for vehicle surveillance and do not constitute a liability on the part of the parking facility operator. The Lessor has the right to analyse the video recordings if either the monitored property itself or the vehicles parked on the property should become the object of a dangerous or destructive attack.
27. Lessees are not entitled to receive video recordings from the parking facility operator. The parking facility operator, however, has the right to pass the video recordings on to the responsible authorities (such as a security service within the scope of investigation proceedings opened on the basis of a filed report) if the parking facility operator has due reason to suspect that the data may be able to document an indictable criminal offence. A suspicion of this kind may also arise through information provided by a customer.
28. As far as legally admissible, the following is applied: Austrian law is applied. The application of the UN convention on contracts for the international sale of goods is excluded. The Lessor reserves the right to make changes to these contract and parking terms and conditions at any time. Payable and actionable in Salzburg. The place of jurisdiction for all legal disputes deriving from the leasing contract is the city of Salzburg.
Carport Parkmanagement GmbH
Innsbrucker Bundesstrasse 95
Phone 0662/85 80 - 79 11
Fax 85 80 - 79 09
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