GENERAL TERMS AND CONDITIONS OF THE U-SAVE PARKING & CAR-VALET SERVICE
Preamble. These General Terms and Conditions (T&Cs) apply to all parking services concluded between Austrauto GmbH, who is registered in the commercial register of the regional court of Korneuburg at FN 485386d (hereinafter « U-Save »), Address: Building 134, multi-storey car park 4, Car Rental Center 0A2804, 1300 Vienna Airport (Austria), VAT: ATU73093038, Tel: +43 1 700 736 540, E-Mail: email@example.com , and the respective customer. These T&Cs are therefore an integral part of the parking agreement concluded between U-Save on the one hand and the customer on the other.
Art 1. These general terms and conditions of contract, govern the short-term rental of parking spaces and Car-Valet Service exercised by Austrauto GmbH, under the brand name U-Save. The main location of the parking spaces is in Berggasse 16, 2401 Fischamend, Austria.
Art 2. The Parking & Car-Valet Service offered by U-Save consists of (i) in the taking over of the customer’s car by the staff at the U-Save Offices, and (ii) moving the vehicle to the parking area in Fischamend or may move the vehicle to such places as U-Save deems fit during any period of custody, retention or control. (iii) at the end of the parking period, upon the return of the customer, moving the car back to the U-Save Office and return of the keys of the same car to the customer. The Parking & Car-Valet Service is carried out within the limits and under the conditions provided for in this regulation, the service can be purchased online via broker platforms or directly on www.usaveaustria.at . If a third party has made the booking, he is liable in addition to the actual customer as joint and several debtors for all the customer’s contractual obligations.
Art 3. The sales rates of the Parking & Car-Valet Service online referred to in Article 2 above are expressed in Euros, are inclusive of VAT, and refer to the calendar dates corresponding to the period of use indicated by the customer when purchasing the service. It is understood that, if the customer uses the parking for a longer period than that purchased calendar dates, the latter customer, at the time of return of the car, must pay U-Save the difference in price – to be calculated on the basis of the rates inherent to the service and reported on the website regarding the additional parking period – directly at the parking box, or online, only with a credit card, cash is not accepted.
Art 4. The customer makes the purchase of the Parking & Car-Valet Service following the instructions and in accordance with the “General Conditions of Sale” available online. It is understood in this regard that, at the end of the purchase – which is completed with the payment of the fee for the requested Parking & Car-Valet Service – the customer will receive a confirmation e-mail containing the summary of the main data of the service purchased.
Art 5. The handover of the car by the customer who has purchased the Parking & Car-Valet Service will take place at the parking lot located in the rental car return area in front of the U-Save Office at the airport. The person presenting this vehicle to U-Save represents and warrants that such person is the owner or authorized controller of the vehicle and agrees to be bound by the terms and conditions. At the time of delivery of the car by the customer to the staff, the actual condition of the vehicle will be detected. The vehicle must be in a roadworthy condition as per the Austrian Road Traffic Act (Straßenverkehrsordnung) and the tire tread depth must meet legal requirements, failing which Parking & Car-Valet Service will refuse to accept the vehicle. The customer warrants that the vehicle is not leaking any fluids. The customer is responsible to leave his vehicle with enough fuel to cover roughly 15 kilometers. Failure to do so may result in a refueling surcharge. At the same time, the customer must sign an acceptance form containing, but not limited to, the customer’s personal details, data, and conditions relating to the state of the car as well as the personal details of the person who will present himself at the collection if he is different from the person who delivers the car. It is reiterated that the car delivered will be parked exclusively by the staff and the return of the same will take place at the same place where it was handed over. Without prejudice to what was established pursuant to Article 3 above in the event of prolongation of parking, it is specified that, for the collection of their car, the customer – or, in the case of a person other than the customer, the subject authorized by the latter and indicated for this purpose in the acceptance form – must go to the U-Save Office where they will be given the keys. Before leaving the vehicle from the parking lot, the customer must (i) verify the state of the car and (ii) sign the relative return report in which the state of the vehicle is certified. Therefore, any liability of U-Save for complaints raised by the customer in the days following the return of the vehicle is excluded. Furthermore, if the customer omits to sign and or implement any of the above documentation, it is understood that U-Save will not bear any responsibilities for the car and damages to the car. The contract entered between the U-Save and the customer allows U-Save drivers to drive the customer’s vehicle for the purpose of valet parking service only.
Art 6. The parking in Fischamend is a fenced and secured, covered and uncovered area. The customer acknowledges that taking charge of the vehicle by U-Save does not imply any obligation of supervision and custody on goods and objects, possibly, contained in the same. Consequently, before leaving his vehicle in the parking lot, the customer undertakes to pick up any object or personal effect, so to avoid possible thefts for which it is reiterated that U-Save will not be held responsible for any reason. In addition, it is absolutely forbidden to leave inside the vehicle: weapons, explosives, medicines, poisons, animals of any race and type, and any other things that may cause damage to persons or things for which the offender will be entirely responsible. It is also reiterated that U-Save is not liable for damages caused to the car by responsible third parties, as well as due to acts of terrorism, natural disasters, fire of parked cars, theft, atmospheric events, or any further facts falling within the event of force majeure and or unforeseeable circumstances. U-Save is not responsible for mechanical malfunctions which include, but are not limited to tires, engine, steering wheel/column, gearshift, handles, signal levers, fluid leaks, windshield/window damage, etc.
Art 7. Any complaints of damage must be submitted by the customer to the U-Save staff, only and exclusively before the exit of the vehicle from the parking area and must be certified in the relative return report referred to in Article 5 above. In the area of acceptance and collection of the car, the customer is required to observe the rules governing the circulation of vehicles together with the relative signs. It is absolutely forbidden (i) to stop in an area other than that dedicated to the delivery and parking indicated at the time of collection of the car keys; (ii) to stand for a long time with the engine running and to honk the horn; and (iii) to deliver, vehicles without authorization, without third party liability insurance and without a properly issued license plate.
Art 8. At the time of delivery and actual collection of the car, the customer is required to pay attention to all the equipment that may be present inside the parking lot. Any damage caused by the customer will result in the charge to the latter of the related costs.
Art 9. The customer must comply with the instructions and requests of the staff in charge, in order, to allow a prompt processing of any operation of collection, verification, and return of the vehicle.
Art 10. Without prejudice to the right of defense and the remedies, including judicial remedies, provided for by the law for its protection, the customer may contact U-Save to manage any complaints that may arise in connection to the offered services.
Art 11. U-Save is liable in cases of its own intent or gross negligence as well as for personal injury. The claim for damages due to breach of essential contractual obligations is limited to the foreseeable damage typical of the contract (this limitation of liability applies in the event, that the customer is a consumer within the meaning of Consumer protection law, only in the case of damage caused by U-Save or persons whose behaviour is attributable to U-Save. Liability of U-Save for lost profits is excluded (this limitation of liability applies to the customer who is a consumer within the meaning of the Consumer Protection Act, only in the case of damage caused by U-Save or persons whose behaviour is attributable to U-Save).
Art 12. The data protection clause is processed with respect to personal data collected directly from customers, including the data of each registered vehicle, when initiating and processing contracts. This is for the purpose of processing the contracts and the payment claim, checking the identity, for fraud monitoring, and for further questions before, during, and after the termination of the contractual relationship. Further information on the processing of data is available www.usaveaustria.at
Art 13. The name, address, and vehicle data of the customer will be transmitted by U-Save to the respective authority in the event of justified official inquiries, and to this third party in the event of an alleged violation of the rights of third parties (e.g., in the event of a disturbance of possession).
Art 14. U-Save reserves the right to transfer the contract with the customer and any or all rights and obligations thereof to a third party or have it exercised or performed by third parties.
Art 15. This contract is subject to Austrian law to the exclusion of its international referral standards. The sole place of jurisdiction is the competent court for Vienna, Inner City. If the customer is a consumer within the meaning of § 14 of the Consumer Protection Act, the place of jurisdiction is the court responsible for the customer’s place of residence. The customer may bring actions against U-Save, in the mentioned court. Offsetting against claims is only permitted with undisputed claims recognised by U-Save or legally established. Where personal expressions are used in these Terms and Conditions, they shall apply equally to men and women. Verbal collateral agreements do not exist or expire with the signing of the contract. Changes, including this provision, must be made in writing. Should any provision of the agreement or these Terms and Conditions become invalid, this shall not affect the validity of the remaining provisions.
U-Save Valet Parking is a secure car park that has open-air parking spaces & indoor parking. The car park can accommodate cars, vans as well as campers. The parking provider checks in your vehicle directly at the U-Save office in the airport at the Rent-a-Car return area, a vehicle check is done in your presence and you are free to walk to the terminal.