of Carport Parkmanagement GmbH, Innsbrucker Bundesstraße 95, 5020 Salzburg, commercial register number 199272 y, Regional Court (Landesgericht) Salzburg and of Salzburger Flughafen GmbH, Innsbrucker Bundesstraße 95, 5020 Salzburg, commercial register number 61365 v, Regional Court (Landesgericht) Salzburg for the parking areas at Salzburg Airport W. A. Mozart:
1.1. Use of the garage areas and parking lots (“parking area”) is only permitted after the formation of a Parking Space Usage Contract (“Stellplatznutzungsvertrag”), to which this document “Parking Terms and Conditions” (“Einstellbedingungen”) applies.
A Parking Space Usage Contract is formed between the Parking Provider and the Customer (“User”, encompassing short-term parking and permanent parking).
As regards short-term parking (“Gebührenparken”), a short-term Parking Space Usage Contract is formed by obtaining an entry permit (e.g., pulling a parking ticket) or by transmitting a booking confirmation via the online booking system. In addition to this document “Parking Terms and Conditions”, online parking reservations are also subject to the “Terms and Conditions for Online Parking Reservations”, available at www.salzburg-airport.com/en/parking/general-parking-information, at the entrances of the parking areas and at the “Info-Center” in the departure area.
As regards permanent parking, a written Parking Space Usage Contract (“permanent parking contract”) is formed that is equally subject to this document “Parking Terms and Conditions”.
1.2. The Parking Space Usage Contract is not subject to the regulations of the Austrian Tenancy Act (Mietrechtsgesetz, MRG).
1.3. Every User accepts this document “Parking Terms and Conditions” upon formation of a Parking Space Usage Contract. In case the User rejects the provisions in this document “Parking Terms and Conditions”, exit free of charge is possible within five minutes after entry (does not apply to Users of online parking). In this event, the parking ticket must not be validated at the automatic pay station but directly at the exit barrier.
2.1. By forming a Parking Space Usage Contract, the User gains the right to park a vehicle that is safe for traffic and operation on a marked, free and suitable parking space. Existing restrictions (e.g., reservations or limited parking time) are to be strictly observed. Designated disabled parking spaces may only be used by disabled persons with a valid, clearly visible disability ID in accordance with Article 29b Austrian Road Traffic Act (Straßenverkehrsordnung, StVO). Designated parking spaces for electric vehicles may only be used by electric and hybrid vehicles for charging purposes.
2.2. Entering the parking area and using the parking spaces with single-track vehicles is only permitted with prior express permission. These parking spaces are allotted individually.
2.3. The right to park a vehicle in a specific parking space shall only exist upon express written agreement by the Parking Provider. Within the parking area, the Austrian Road Traffic Act (StVO) in its currently valid version applies mutandis mutandis. The designated speed limit must be observed. The parking of vehicles without a valid license plate is only permitted after prior written agreement by the Parking Provider.
2.4. The surveillance and safeguarding of the vehicle, its equipment and any objects inside the vehicle or of objects introduced into the parking area are not subject of the contract.
3.1. The Parking Provider is not liable by any means for the behaviour of third parties (e.g., theft, burglary, damage), regardless of whether these third parties are in the parking area with or without authorisation. In case of property damage incurred by operational failure of the facilities and other property damage, the Parking Provider is only liable for damages incurred by the Parking Provider itself or the Parking Provider’s assistants intentionally or through gross negligence.
3.2. The Parking Provider is not liable for damages incurred directly or indirectly by force majeure.
3.3. The User undertakes to properly secure and lock the parked vehicle and to subsequently leave the parking area immediately.
3.4. The User shall be liable for all damages incurred by the User, the User’s representatives or the User’s accompanying persons to the Parking Provider, the Parking Provider’s employees or other Users. Any damages to parking facilities or to other vehicles by the User must be reported immediately, and before exiting the parking area, to the “Info-Center” in the departure area. This also applies to any damage at the User’s own vehicle.
(Does not apply or only supplementarily applicable to online parking reservations)
4.1. For online parking reservations, Section 2 and Section 3 of the “Terms and Conditions for Online Parking Reservations” (available at www.salzburg-airport.com/en/parking/general-parking-information) apply. Section 4 of this document “Parking Terms and Conditions” is therefore not applicable or only supplementarily applicable in case the “Terms and Conditions for Online Parking” do not provide regulations for a specific case.
4.2. The applicable parking fees can be viewed at the notice board.
4.3. As regards short-term parking, exiting the parking area is possible after payment of the parking fee at the checkout cashier or at the automatic pay station (not applicable to online parking reservations). In case the exit occurs within the drive-through timeframe as defined on the notice board, it is free of charge (drive-through tolerance). As regards permanent parking, exiting the parking area is possible by means of an authorisation card (permanent parking card).
4.4. After payment of the parking fee, the User is provided with an adequate amount of time to pass the exit barrier (exit tolerance). In case of late exit, the User must pay for the period exceeding the paid period.
4.5. The parking facilities are intended exclusively for short-term parking. If the vehicle is parked continuously for a period of more than 42 days, the User shall disclose the User’s contact details to the Parking Provider (name, address, phone number, etc.). Otherwise, the Parking Provider shall be entitled to charge expenses for investigation.
4.6. In case of payment default by the User, the User must pay 12% default interest p.a. plus any additional costs within the meaning of Article 1333 par. 2 Austrian Civil Code (ABGB), especially for reminder fees, information costs and legal expenses.
5.1. The vehicle must be parked inside the marked parking spaces in such a way that third parties are not obstructed and that parking spaces designated to other purposes are not used without authorisation (e.g., disabled parking, electric vehicle parking spaces, other reserved parking spaces). Otherwise, the Parking Provider is entitled to charge a higher fee.
5.2. In the event that
the Parking Provider is entitled to repositioning the vehicle to a regular parking space, to secure it in such a way that it cannot be operated by the User without the involvement of the Parking Provider, if this is deemed necessary, and to charge the costs incurred.
5.3. Until the vehicle is removed from the parking area, the Parking Provider is entitled to an appropriate remuneration according to the applicable parking fees. Besides, the Parking Provider also may charge fees for removal and safekeeping of the vehicle.
6.1. The maximum parking duration is 42 days, unless there is a special agreement (e.g., permanent parking contract). After the maximum parking duration has expired, an elevated weekly parking fee as defined on the notice board shall apply.
6.2. In the following events, the Parking Provider is entitled to remove the parked vehicle from the parking area and to subsequently safekeep it or to remove and safekeep the vehicle at the expense and peril of the Customer:
6.3. Any collection costs are at the expense of the User.
6.4. An obviously abandoned vehicle – in particular vehicles of low value, without license plates or without roadworthiness certificate sticker according to Article 57 of the Austrian Motor Vehicle Act (KFG) – entitles the Parking Provider to use or dispose of the vehicle. Claims of previous owners are limited to the proceeds from the use or disposal (after deduction of all costs, according to Article 471 Austrian Civil Code (ABGB)). The proceeds shall be given to the demonstrably entitled party within two months. The value of the vehicle shall be determined by a competent person.
6.5. The Parking Provider is entitled, at its own expense and risk, to reposition the vehicle within the parking area of Salzburg Airport if this is unavoidable due to official requirements, construction measures affecting the parking area or due to other reasons. Wherever possible, the User will be informed of the new vehicle location by posting a notice at the original location. As a precautionary measure, the User is advised to contact the “Info-Center” in the departure area if a vehicle is no longer positioned in its original location.
7.1. Vehicles introduced into the parking area must be safe for traffic and operation and must be officially registered for traffic. Removal of license plates, e.g., for the purpose of re-registration, is only permitted with the written consent of the Parking Provider.
7.2. The User undertakes to park the vehicle in a marked, free and suitable parking space that is not specially designated (e.g., disabled parking, other reserved parking spaces), to secure and lock it properly, and to subsequently leave the parking area immediately. Parking in areas not marked as parking spaces is prohibited. Parking on more than one parking space is prohibited, as is obstructing access to and exit from other parking spaces. Express reference is made to the consequences arising from Sections 5 and 6.
7.3. In order to ensure smooth operation, the instruction of the Parking Provider’s staff, its agents or representatives must be followed. Existing automatic traffic guidance, traffic signs, information signs and guidelines are to be observed.
7.4. Within the parking area, the Austrian Road Traffic Act (StVO) in its currently applicable version shall apply mutandis mutandis. The designated speed limit is to be observed.
7.5. Designated disabled parking spaces may exclusively be used by disabled persons with a valid, clearly visible disability ID in accordance with Article 29 Austrian Road Traffic Act (StVO).
7.6. The parked vehicle must be properly locked and secured. Valuables should not be left inside the vehicle.
7.7. Upon entering and exiting the parking area, the User shall exercise due diligence in a self-responsible manner. This also applies when Parking Provider employees or agents assist the User with instructions.
7.8. It is especially prohibited
8.1. The parking ticket or the permanent parking card must be stored carefully and properly. The risk of damage and loss shall be borne by the User.
8.2. In case the permanent parking card does no longer function due to damage, the Parking Provider is entitled to charge for the expenses incurred. As regards parking tickets, this also applies to the due parking fee.
8.3. In case of loss of the parking ticket or of the permanent parking card, the Parking Provider must be informed immediately. A replacement fee according to the notice board must be paid unless the actual parking duration (applies to short-term parking) can be proven. The parking duration may also be defined by license plate data of the vehicle concerned, provided that said license plate data has been stored.
8.4. In case of loss of the parking ticket, the vehicle will only be made available upon presentation of an official photo ID and the official vehicle registration certificate. The registration holder is deemed to be the authorised vehicle user.
9.1. The Parking Provider shall be entitled to a lien on the introduced vehicle in order to secure its remuneration claims and all its claims arising in connection with the parking service against the User. This also applies if the vehicle is not owned by the User but by a third party.
9.2. In order to secure the right of lien, the Parking Provider may prevent vehicle removal in a suitable manner (immobilisation). The application of the right of lien may be averted by providing a security deposit that amounts to at least 30% of the outstanding claim. The Parking Provider is entitled to set off the security deposit against the outstanding claim. This applies to interest and any other costs to be paid by the User and subsequently also to the outstanding claim.
10.1. As regards permanent parking, the following provisions apply in deviation of the other terms and conditions.
10.2. The agreed remuneration constitutes the rent for the provision of a parking space. Notification of any changes in remuneration shall be communicated in writing.
10.3. In case of an open-ended contract, the permanent parking contract may be terminated by giving one month’s notice to the end of a calendar month. The notice of termination must be communicated in writing and – if legally permissible – in the form of a registered letter. The notice must be received at the latest on the last business day before the start of the notice period.
10.4. The Parking Provider may terminate the permanent parking contract for good cause with immediate effect and without observing the notice period. This applies if the User fails to comply with their contractual obligations (e.g., use of services in breach of contract, infringement of official regulations or default of payment) or if the conditions for permanent parking contracts or parking fees have changed since conclusion of the contract. Default of payment in this sense exists if the User is in arrears with more than one monthly instalment. Blocking of the permanent parking card does not result in the termination or interruption of the permanent parking contract. Remuneration payment is independent of the use of the parking area. In case of termination without observing the notice period, the User shall be liable for the resulting loss of remuneration. However, this only applies until the date on which the contract would have been terminated regularly.
10.5. All costs and fees arising from the formation of the permanent parking contract shall be borne by the User.
10.6. If the User has provided their license plate number upon formation of the contract, the relevant data will not be deleted from the system after exiting (in deviation of Section 14). Instead, it will be stored for the duration of the permanent parking contract. This enables automatic barrier opening upon entry and exit.
11.1. In case of fire or burning smell, the fire alarm must be activated and the fire brigade (phone number: 122) must be notified. The phone call must contain the following information: WHERE is the fire located (access routes)? WHAT is on fire (e.g., building, cars)? HOW MANY people are affected or injured? WHO is calling (name)? Any notice boards on fire emergency procedures “In case of fire” (“Verhalten im Brandfall”) must be observed.
11.2. If necessary and possible, endangered persons must be warned. Injured or helpless persons must be evacuated.
11.3. If possible while paying due and full regard to one’s own safety, an attempt to extinguish the fire shall be performed with an appropriate fire extinguisher. Otherwise, the parking area must be left as quickly as possible on foot.
11.4. In case of fire, elevators must not be used!
12.1. The Parking Provider makes use of a video surveillance system for the purpose of protecting the facilities (parking area) and for compliance with due diligence obligations. This system is operated in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
12.2. The video recordings do expressly not serve to safeguard the vehicle and do not justify any liability on behalf of the Parking Provider.
12.3. The Parking Provider is entitled to use the video recording data to a legally permissible extent.
12.4. However, in case of reasonable suspicion that a situation constitutes a punishable criminal act, the Parking Provider is entitled to transmit video recording data to the competent authority (e.g., in connection with an investigation initiated by a police report or due to report of a User).
13.1. The Parking Provider expressly points out that the vehicle’s license plate and entry time into the parking area are registered and stored upon entrance into the parking area. License plate recognition is performed in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (Datenschutzgesetz, DSG). Upon exiting the parking area, the license plate number linked to the parking ticket is matched with the license plate number of exiting vehicle. In the event of a mismatch, exit shall be denied. After exiting the parking area, the license plate number is irretrievably deleted from the system.
14.1. Place of performance, place of jurisdiction and applicable law Place of performance is the city of Salzburg. Unless mandatory by law, the exclusive place of jurisdiction for all disputes arising from or in connection with the parking space usage contract including the “Terms and Conditions for Online Parking Reservations”, the “Parking Terms and Conditions” (www.salzburg-airport.com/en/parking/general-parking-information) and any other applicable contractual terms and conditions shall be the court having subject-matter jurisdiction for the city of Salzburg, zip code 5020, Austria. All legal disputes arising from or in connection with the Parking Space Usage Contract, including the “Terms and Conditions for Online Parking Reservations”, the “Parking Terms and Conditions” (www.salzburg-airport.com/en/parking/general-parking-information) and any other applicable contractual conditions, shall be governed exclusively by Austrian law, to the exclusion of all conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods and the Rome I Regulation.
14.2. Severability clause
In the event that one of the provisions is invalid, this shall not affect the validity of all other provisions of this document “Parking Terms and Conditions”. Any invalid provision shall be replaced by a permissible provision that fulfils the economic purpose of the original provision in the best way possible.
14.3. Binding language version and translations
“Parking Terms and Conditions” are conceived in German, which is binding for all matters related to these. Any other language version merely serves ease of understanding. In the event of contradictions, the German language version shall prevail.
14.4. Amendments to “Parking Terms and Conditions”
SFG is entitled to amend “Parking Terms and Conditions” at any time. Amendments shall take effect to the User upon notice posting, online posting or publication of an amended version of “Parking Terms and Conditions” (one of the three aforementioned possibilities shall suffice).
In case of any misunderstandings, contradictions or legal disputes resulting from these Terms and Conditions, the German language version of this Document shall prevail.
Date: April 2021