Terms of use - Online Shop

1 General - Scope of application

These Terms of Use Online Shop apply to all online orders and the conclusion of a contract of use for long-term parking (long-term parking subscription) with APCOA Switzerland AG, Elisabethenanlage 7, 4051 Basel or APCOA Services Switzerland AG, Bahnhofplatz 6, 2502 Biel on the website www.apcoa.ch in the version valid at the time of the order. The NL Online Shop can be downloaded to a computer, saved, reproduced and printed out.

2 Conclusion of contract

2.1 In the event of a contract being concluded, the contract is concluded either with

APCOA Switzerland AG, Elisabethenanlage 7, 4051 Basel,

represented by the managing director Stefan Sadleder,

CHE-112.274.415, Commercial Register Canton Basel-Stadt

Telephone: +41 61 271 66 30; e-mail: info@apcoa.ch

or with

APCOA Services Switzerland AG, Bahnhofplatz 6, 2502 Biel,

represented by the managing director Stefan Sadleder,

CHE-109.693.208, Commercial Register Canton of Berne

Telephone: +41 61 271 66 30, e-mail: info@apcoa.ch

is concluded.

2.2 The provision of the online system does not constitute a legally binding offer by the operator APCOA Switzerland AG or APCOA Services Switzerland AG (APCOA), but merely a non-binding invitation to the customer (customer) to submit an offer to the operator APCOA to conclude a long-term parking subscription in accordance with the valid long-term parking subscription terms of use. By clicking on the "order with obligation to pay" button, the customer submits a binding offer to conclude a contract of use (long-term parking subscription).

2.3 The text of the offer is available in both German and French.

2.4 The actual contract is concluded in accordance with the following provisions:

(a) An order is only possible after setting up an account once free of charge on the portal.apcoa.ch portal. The creation of an account is completed when all mandatory fields (fields marked with an asterisk) have been filled in. The account can only be set up after reviewing and confirming the NL Online Shop and the associated privacy policy.

(b) To place an order, it is necessary to select the location, tariff and start date and place them in the shopping basket. This process is non-binding and does not constitute a contractual offer.

of APCOA Switzerland AG and APCOA Services Switzerland AG by confirming (clicking a button).

(d) Before finalising the order, the customer receives a summary of the contents of the order including prices (location, tariff, any ancillary costs, deposit, minimum term, etc.). The text of the contract, the master data and the payment method can be accessed after the personal user login in the portal.apcoa.ch portal. It is possible to revoke consent to direct advertising by e-mail at any time.

(e) Before the binding submission of the contract offer, input errors can be corrected or the order process cancelled.

(f) By clicking on the "Order with obligation to pay" button, a binding offer to conclude the selected user contract for long-term parkers (long-term parking subscription) is submitted, which can no longer be cancelled or modified, unless there is a statutory right of withdrawal (see 5. below).

(g) Immediately after sending the offer, the customer receives an automatically generated e-mail confirmation of receipt of the order (order confirmation); this e-mail does not yet constitute acceptance of the contract.

(h) The contract of use (long-term parking subscription) is only concluded upon acceptance of the order by APCOA, which is sent in a separate e-mail (declaration of acceptance/contract confirmation) to the e-mail address provided by the customer. APCOA is authorised to accept the customer's offer within 2 weeks by sending a contract confirmation. The customer will either receive this contract confirmation or a rejection of the contract. APCOA is not obliged to accept the offer.

(i) The customer will be provided with the user contract, including the terms of use for long-term parking subscriptions and the terms of use for garages and parking spaces, electronically. The text of the contract will be stored by APCOA.

(j) Once the contract has been confirmed, the customer will be contacted to collect an access medium in the form of a long-term parking authorisation (code card, key, parking permit, etc.). With the long-term parking authorisation, the customer is entitled to park in the car park specified in the usage contract. Permanent parking authorisation can also be the vehicle registration number.

3 Prices and payments

3.1 The prices or tariffs of the individual parking products in the online shop apply at the time of completion of the order process (pressing the button "order with obligation to pay").

3.2 The prices/rates stated on the website are in CHF including any statutory VAT.

3.3 In the case of subscription contracts, the prices are adjusted annually (see long-term car park subscription terms of use). Information about this will be provided in good time so that the subscription contract can be cancelled within the specified period of notice.

3.4 Payment is made by direct debit or on account (the option to pay on account is only available for business customers).

3.5 The monthly usage fee or the monthly tariff is payable to APCOA in accordance with the usage contract and is due for payment in advance on the first of each month. If the agreed payment date has already passed when the contract is concluded, the usage fee will be offset against the next payment date. The customer will be sent a standing invoice by post. In the case of payment by direct debit, the monthly usage fee shall be debited from the customer's specified account on the agreed payment date for one calendar month in advance.

4 Duration of contract

The contract term and cancellation periods can be found in the terms of use for long-term parking subscriptions. The minimum term is generally 3 months. Deviating minimum terms can be found in the product description and are stated in the contract.

5. right of cancellation, cancellation policy

The customer has the following right of withdrawal or cancellation:

5.1 The customer may withdraw from the contract of use concluded online within fourteen days without giving reasons.

5.2 The cancellation period is fourteen days from the date of conclusion of the contract. In order to exercise the right of cancellation as a customer, the customer must inform APCOA (APCOA Switzerland AG, Elisabethenanlage 7, 4051 Basel and or APCOA Services Switzerland AG, Bahnhofplatz 6, 2502 Biel info@apcoa.ch by means of a clear declaration (e.g. a letter sent by post or e-mail) of their decision to cancel this contract.

5.4 The customer may use the attached model cancellation form, but this is not mandatory. To meet the deadline, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

5.5 In the event of a validly declared cancellation, payments made by the customer shall be refunded immediately, at the latest within fourteen days of receipt of the notice of cancellation. The same means of payment used by the customer for the original transaction will be used for this refund, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged any fees for this refund.

5.6 If the customer has requested that the services should already begin during the cancellation period, the customer must pay a reasonable amount corresponding to the proportion of the services already provided up to the cancellation notice compared to the total scope of the services provided for in the contract. Individual parking transactions shall in any case be charged according to the respective short-term parking rate.

5.7 The customer must return or hand over the (permanent) parking authorisation to APCOA immediately and in any case within fourteen days of the day on which the customer informs APCOA of the cancellation of this contract. The deadline is met if the customer sends the parking authorisation before the fourteen-day period has expired.

Sample cancellation form

(If the customer wishes to cancel the contract, this form must be completed and returned).

To APCOA Switzerland AG, Elisabethenanlage 7, 4051 Basel or APCOA Services Switzerland AG, Bahnhofplatz 6, 2502 Biel or by e-mail to info@apcoa.ch.

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

(*) Delete as appropriate.

6 Miscellaneous

6.1 The contract, order and business language is German or French.

6.2 The competent court in Basel or Biel shall have exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship.

6.4 If individual provisions of these Terms of Use (NL Online Shop) are invalid, this shall not result in the invalidity of the entire contract or this NL Online Shop. The remaining content of the contract or the remaining TOU Online Shop shall remain unchanged.

6.5 APCOA reserves the right to amend and adapt the TOU Online Shop if necessary, whereby the amendment shall only apply to future contracts.