Setting conditions for parking device

1 General provisions

1.1 Use of the car park is only permitted after conclusion of a user contract. The user contract is concluded by the operator APCOA Switzerland AG or APCOA Services Switzerland AG (hereinafter also referred to as "APCOA") with the user (long-term or short-term parker) of the parking facility (hereinafter referred to as "customer"). In the case of short-term parkers, a short-term user contract is concluded by purchasing an entry authorisation (e.g. taking an entry ticket or parking ticket, using a credit card or using an authorised medium such as a vehicle registration plate, transponder, etc.) for a limited parking period according to the notice or, in the case of barrier-free parking facilities, by entering the parking facility or, in the case of long-term parkers, by concluding a user contract (long-term parking subscription). The contract of use is also deemed to have been concluded if a customer enters the parking facility, for example due to a technical defect, without releasing an entry authorisation.

1.2 By concluding the contract of use, each customer accepts these terms and conditions of parking.

 

2 Tariffs, other charges and opening hours

2.1 The applicable tariffs, other charges and opening hours can be found on the notice at the entrance.

2.2 Entry, exit and access are only possible during opening hours (except for long-term parkers) by means of an entry authorisation (see point 1.1).

2.3 Short-term parkers may exit the car park during opening hours after paying the parking fee, unless this is already payable at the start of the parking process. When using digital access or payment options (e.g. APCOA FLOW), the respective contractual provisions of the respective provider also apply. For long-term parkers, exit is by means of a long-term parking authorisation.

2.4 After paying the parking fee in car parks with barrier control, the customer (short-term parker) has a reasonable amount of time to collect their vehicle before passing the exit barrier (exit tolerance). In the event of late exit, the period exceeding the paid parking time must be paid for.

2.5 If the vehicle is parked without interruption for longer than 14 days, the customer must provide the operator with contact details (name, address, telephone number, etc.); otherwise the operator is entitled to charge for the costs associated with the investigation. The Operator is entitled to demand payment of fees accrued for longer parking processes 30 days after the vehicle has been parked.

2.6 In order to check compliance with the parking conditions, visual documentation will be produced in the event of offences and stored for evidence purposes.

The following also applies to parking facilities without barrier control:

2.7 Depending on the location, the parking facility must be vacated once the maximum permitted parking time has been exceeded. At the beginning of the parking process, a parking ticket must be purchased immediately from the parking ticket machine and placed behind the windscreen so that it is clearly legible from the outside or the arrival time must be displayed on the parking meter or the parking tariff must be paid using an accepted digital parking product (e.g. APCOA FLOW). At certain locations, it is also necessary to enter the vehicle licence plate number to purchase a parking ticket. The parking meter must be set or the booking made via the digital parking product before leaving the vehicle. The parking ticket issued by the parking ticket machine or the confirmation of an active parking process - depending on the selected parking time requirement and the resulting amount of the parking tariff paid - indicates the end of the parking time. The maximum parking time must be adhered to. If the use of parking meters is permitted, the maximum parking duration indicated at the location must be observed. The instructions on the notice board must be observed. For long-term parkers, use is by means of a long-term parking authorisation or with the number plate specified in the usage contract (long-term parking subscription).

2.8 In the event of violations of the provisions on the use of the parking facility, the resulting expenses must be reimbursed, in particular if the maximum permitted parking time is exceeded, if a parking ticket is missing, if the arrival time is not indicated by means of a parking meter or if a digital booking is missing, as well as in the case of otherwise illegally parked vehicles, a circulation fee will be charged by means of a payment slip. In principle, the respective stipulation according to the notice (tariff information) applies. If nothing is mentioned in the notice, a circulation fee of CHF 30.00 and the following regulation apply:

  • Ticket loss: 2 times the daily maximum
  • Chargeable use: 2 to 5 times the circulation fee
  • Failure to comply with the regulations for parking spaces at e-charging stations: 2 times the circulation fee
  • We expressly reserve the right to assert further claims, such as claims for damages.

2.9 The parking ticket or parking meter must be secured and clearly legible from the outside behind the windscreen so that APCOA or an authorised third party can check the respective parking authorisation or arrival time at any time using the parking ticket or parking meter. In the case of digital parking products, the parking authorisation is checked via the number plate. This means that the licence plate number of the parked vehicle must correspond to the number plate specified in the digital booking. Parking tickets that are not legible or that have been placed the wrong way round will not be recognised as valid parking authorisation.

 

3 Subject matter of the contract

3.1 By concluding the user contract, the customer acquires the authorisation to park a vehicle that is safe to drive and operate in a marked, free and suitable parking space; existing restrictions (e.g. reservations or limited parking duration) must be strictly observed. Marked disabled parking spaces may only be used by disabled persons with a valid, clearly visible parking card for disabled persons in accordance with Art. 20a of the Traffic Regulations Ordinance (VRV). In the event of non-compliance, point 5 applies equally.

3.2 A right to park the vehicle in a specific parking space only exists if agreed in writing with the operator. In the parking facility, the Road Traffic Act (SVG) in the currently valid version shall apply mutatis mutandis. The prescribed speed limit must be observed. The parking of vehicles without a valid police licence plate is only permitted by prior written agreement with the operator.

3.3 The guarding and safekeeping of the vehicle, its accessories and any objects in the vehicle or items brought in with the vehicle is not part of the contract.

3.4 Points 3, 7, 10, 11 and 12 apply to all persons staying in the car park, notwithstanding the above provisions.

3.5 For the charging of electric vehicles, if provided, the terms and conditions of use and charges displayed at the charging stations apply.

 

4 Liability provisions

4.1 The operator is in no way liable for the behaviour of third parties, including theft, burglary, damage, etc., regardless of whether these third parties are authorised or unauthorised to be on the premises. The operator shall only be liable for damage to property resulting from a breakdown of the system and for other damage to property caused by wilful intent or gross negligence on the part of the operator or its agents. The above exclusions of liability shall not apply to personal injury.

4.2 Furthermore, the operator is not liable for damages caused directly or indirectly by force majeure.

4.3 The customer undertakes to properly secure and lock the parked vehicle and then to leave the parking facility without delay.

4.4 The instructions of the staff must be followed in the interests of smooth operation.

4.5 Any damage to operating equipment or to other vehicles by the customer must be reported to the operator immediately and before leaving the car park, as must any damage to the customer's own vehicle.

 

5 Parking the vehicle

The vehicle must be parked as follows:

  • Exclusively within the designated parking and parking areas
  • Third parties must not be hindered
  • Specially designated areas may not be used without authorisation, e.g. parking spaces for the disabled, parking in front of e-charging stations without charging or with charging already completed, special parking spaces, other reserved areas, etc

In addition, the signage on site must be observed.

Otherwise, the operator is authorised to charge a circulation fee in accordance with the notice (tariff information) or in accordance with point 2.8 of these parking conditions.

 

6 Period of validity, removal of the vehicle

6.1 The maximum parking period is 30 days unless there is a special agreement (e.g. long-term parking subscription). After expiry of these 30 days, the vehicle shall be deemed to have been parked illegally within the meaning of point 2.8 and the resulting expenses shall be reimbursed. Any further claims, such as claims for damages, are expressly reserved.

6.2 The Operator is authorised to remove the parked vehicle at the expense and risk of the Customer if

  • the maximum parking period has expired, provided that the customer or the vehicle's licence holder has been notified in writing beforehand or has not been notified or cannot be notified, or
  • the parking fee due exceeds the obvious value of the vehicle (low value); the low value of the vehicle must be determined by a competent person;
  • it endangers or impedes operation due to the leakage of fuel, other liquids or vapours or due to other - in particular safety-relevant - defects (e.g. no valid or expired inspection sticker);
  • it is not registered with the police or loses its police registration during the parking period;
  • it is parked in violation of traffic regulations or the contract, in an obstructive manner or in reserved spaces - in particular if towing would be justified under the SVG;
  • a vehicle is parked entirely outside a marked parking space;
  • a vehicle obstructs more than one marked parking space;
  • the permitted charging time or parking time at a charging point for battery-powered electric or plug-in hybrid vehicles is exceeded.

6.3 In these cases, the Operator is free to move the vehicle within the parking facility and possibly secure it in such a way that it can no longer be driven away by the Customer without the intervention of the Operator.

6.4 Until the vehicle is removed from the parking facility, the Operator is entitled to a fee corresponding to the current parking tariff in addition to the costs of removing the vehicle.

6.5 A vehicle of low value - in particular without a licence plate - entitles the Operator to dispose of the vehicle. Claims by any previous owners shall be limited to the proceeds of realisation (after deduction of all costs), which shall be handed over to the demonstrably entitled party within two months. The Operator is also entitled to realise the vehicle if the storage costs threaten to exceed the value of the vehicle as determined by an expert third party and more than six months have passed since the vehicle was removed.

6.6 Furthermore, the Operator is entitled to scrap the vehicle after a storage period of more than six months after removal if a competent third party has determined that the vehicle can no longer be utilised. This does not release the vehicle owner from reimbursement of the costs incurred up to that point and the fee applicable in accordance with the current car park tariff or compensation for other damages incurred by the Operator in this connection.

 

7 Regulatory provisions

7.1 Vehicles parked in the parking facility must be roadworthy and safe to operate and authorised to drive. Any removal of licence plates, e.g. for the purpose of re-registration, is only permitted with the written consent of the Operator.

7.2 The following are prohibited in particular

  • Smoking and the use of fire and naked flames;
  • the placing and storage of objects of any kind, in particular flammable and explosive substances;
  • Maintenance, care and repair work, in particular refuelling vehicles, charging starter batteries and draining the cooling water;
  • running and testing the engine for long periods and sounding the horn;
  • stopping a vehicle with a leaking operating system (in particular fuel, oil or other fluids) or other defects, in particular safety-related defects, and vehicles that do not comply with traffic regulations
  • parking vehicles without a valid licence plate or without affixing a replacement licence plate without the operator's consent;
  • parking vehicles in contravention of traffic or contractual regulations, e.g. in lanes, in front of emergency exits, on pedestrian paths, in front of doors (gates) and exits, in the movement area of doors and gates;
  • distributing advertising material without the written consent of the operator;
  • Driving on the car park facilities with skateboards, scooters or inline skates, etc.

 

8. loss of or damage to the parking ticket

8.1 The parking authorisation medium must be stored carefully and properly. The customer bears the risk of damage and loss.

8.2 If the parking ticket no longer functions due to damage, the operator is entitled to charge the customer for the costs incurred and the parking tariff.

8.3 In the event of a defect in the system, e.g. if the barrier is open, assistance must be requested via the call button. If the parking ticket is lost, the operator must be informed immediately; a replacement tariff for the lost ticket must be paid in accordance with the notice (tariff information). If the lost ticket is found again, the paid replacement fare can be reclaimed minus half of the handling fee according to the notice (tariff information) or according to point 2.8.

8.4 If you enter the car park without using your long-term parking authorisation, the corresponding short-term parking tariff will be charged without this being credited to the long-term parking fee paid.

8.5 If the on-call service is used for exit or other services outside staffed hours for reasons for which the operator is not responsible, this entitles the operator to charge the expenses incurred in the amount of the circulation fee for a chargeable service in accordance with point 2.8.

 

9. right of retention

9.1 The Operator is entitled to a right of retention on the vehicle brought in to secure claims for payment and all claims against the Customer arising in connection with the parking of the vehicle, even if the vehicle does not belong to the Customer but to a third party.

9.2 In order to secure the right of retention, the Operator may use suitable means to prevent the removal of the vehicle (immobilisation). The exercise of the right of retention can be averted by providing security.

 

10 Behaviour in the event of fire

10.1 In the event of fire or the smell of fire, the fire alarm must be activated and the fire brigade (118) notified. The report must contain the following information: WHERE there is a fire (address, access routes), WHAT is on fire (building, car), HOW many casualties there are, WHO is calling (name). Any "Behaviour in case of fire" signs must be observed.

10.2 If necessary and possible, warn endangered persons and evacuate injured or helpless persons.

10.3 As far as possible and in consideration of your own safety, attempt to extinguish the fire with a suitable fire extinguisher, provided no other extinguishing devices (e.g. sprinkler system) are activated. Otherwise, leave the car park as quickly as possible on foot.

10.4 Do not use lifts in the event of fire!

 

11. image recordings

11.1 The operator uses image recordings for the following purposes:

  • to protect the garage in operation or to comply with due diligence obligations
  • Use of the vehicle licence plate as a parking authorisation medium (visual or automated)

These are operated in accordance with the provisions of the DPA and, in rare cases, the GDPR.

11.2 In particular, the image recordings are not used to monitor the vehicle (see point 3.3) and do not give rise to any liability on the part of the Operator (see point 4).

11.3 The Operator is authorised to evaluate the image recordings if either the monitored object itself or vehicles parked therein have been the subject of an infringement to the detriment of the Operator or owner of the car park.

11.4 Without prejudice to the right to information pursuant to Art. 15 FADP, affected persons are not entitled to receive image recordings from the car park operator. However, the operator is entitled to transmit image recordings to the competent authority (such as a security authority in the context of an investigation initiated by a complaint) because the operator has reasonable grounds to suspect that the data could document a criminal offence to be prosecuted ex officio. Such a suspicion may also arise from a tip-off from a customer.

 

12 Place of fulfilment and place of jurisdiction

12.1 The place of fulfilment is the location of the parking facility.

12.2 For all actions brought against a consumer who has his domicile, habitual residence or place of employment in Austria due to disputes arising from the contract of use, one of the courts in whose district the consumer has his domicile, habitual residence or place of employment shall have jurisdiction.

12.3 The court with subject-matter jurisdiction at the registered office of the Operator shall have local jurisdiction to decide all disputes with Customers arising from the contract of use to which the Consumer Protection Act is not mandatory. However, the Operator is also entitled to take legal action at the Customer's general place of jurisdiction or at the competent court of the parking facility.

 

13 Data protection

The operator processes the necessary personal data of the customer for the purpose of contract fulfilment. Further information on data processing can be found in the data protection declaration in accordance with the DSG, which can be accessed at www.apcoa.ch/allgemeine-datenschutzerklaerung in the course of concluding a user contract.

 

Last updated: 01.07.2025