GTC
GENERAL TERMS AND CONDITIONS OF
Assured Austria GmbH & Co KG
Version 01. OCTOBER 2020
1. scope of application
1.1. All offers and services of Assured Austria GmbH & Co KG are provided exclusively on the basis of these General Terms and Conditions (GTC). These form an integral part of all contracts that Assured Austria GmbH & Co KG concludes with its customers for the services it offers.
1.2. Employees or other agents of Assured Austria GmbH & Co KG are neither entitled nor authorized to enter into oral or written agreements with the customer with regard to the contract that conflict with these General Terms and Conditions. This does not apply to a power of representation held by the Chief Operations Manager and the respective team leaders (Operations Managers) or who have a legal power of representation, e.g. due to an authorized representative position or as an authorized signatory.
1.3. Terms and conditions of the customer or third parties that contradict or deviate from these General Terms and Conditions shall not apply unless Assured Austria GmbH & Co KG has agreed to their validity in writing.
2. offer, conclusion and termination of contract
2.1. All offers made by Assured Austria GmbH & Co KG are subject to change and non-binding. The contract is concluded by written confirmation of the contract by Assured Austria GmbH & Co KG or by handing over the vehicle key to an employee of Assured Austria GmbH & Co KG. Confirmation of the order by text message, fax or e-mail is sufficient to satisfy the written form requirement.
2.2. These General Terms and Conditions form an integral part of the contract concluded between the customer and Assured Austria GmbH & Co KG.
2.3. The customer is obliged to inform the employee of Assured Austria GmbH & Co KG of any circumstances that could lead to damage to the vehicle during the cleaning process. These are then noted in writing on the electronic or paper order form. This particularly includes previous damage, sensitive electrical components or interior or exterior materials that cannot be treated with conventional cleaning agents. The pick-up time of the vehicle at Vienna Airport must also be communicated by the customer to the employee of Assured Austria GmbH & Co KG.
2.4. The customer must sign the order form in writing or electronically on the “Order Acceptance Handheld”. This will be confirmed by Assured Austria GmbH & Co KG either in writing by countersignature or confirmed to the customer by SMS. The contract between Assured Austria GmbH & Co KG and the customer is concluded with the countersignature or reconfirmation of the order form by SMS.
2.5. At the request of the employees of Assured Austria GmbH & Co KG, the customer must present the registration certificate or comparable documents as proof of ownership of the vehicle. The customer must hand over the vehicle key to an employee of Assured Austria GmbH & Co KG when signing the order form.
2.6. By concluding the contract, the customer confirms that the vehicle is his property, or that he is using it with the owner’s consent, and that the vehicle has the legally required insurance cover until it leaves the company premises. If the latter cannot be proven by the customer at the request of Assured Austria GmbH & Co KG, Assured Austria GmbH & Co KG is entitled to refuse to fulfill the contract. In this case, the customer shall not be entitled to compensation for non-performance.
2.7. In addition, upon conclusion of the contract, the customer confirms that he/she has the necessary parking permit for multi-storey parking lot 4 of Flughafen Wien AG. Claims arising from the customer’s parking relationship with Parkhaus 4 cannot be asserted against Assured Austria GmbH & Co KG, neither by the customer nor by Parkhaus 4.
2.8. By concluding the contract, the customer agrees that employees of Assured Austria GmbH & Co KG may drive the customer’s vehicle in parking garage 4 and on the premises of Vienna Schwechat Airport in the course of fulfilling the contract.
2.9. The customer agrees that an employee of Assured Austria GmbH & Co KG may photograph the vehicle upon handover and during cleaning activities in order to document the condition of the vehicle before and during the cleaning work.
2.10. The vehicle can only be collected from a designated machine with a license plate number and PIN code. The applicable procedure is displayed on the machine.
2.11. The contractual relationship is terminated when Assured Austria GmbH & Co KG returns the vehicle key to the customer and the customer has paid in full.
3. subject matter of the contract
Assured Austria GmbH & Co KG offers a cleaning service at Vienna Airport. The customer leaves his vehicle with Assured Austria GmbH & Co KG in Parking Garage 4 at Vienna Airport for the performance of interior and exterior cleaning work and receives it back in Parking Garage 4 upon his return. The vehicle will be cleaned during the customer’s absence and parked by Assured Austria GmbH & Co KG in the parking garage 4. The provision of insurance cover as well as the guarding and safekeeping of vehicles together with their accessories and any items left behind in the vehicle are expressly not part of the subject matter of the contract.
4. cleaning service
4.1. Assured Austria GmbH & Co KG undertakes to clean the interior and exterior of vehicles in multi-storey parking lot 4, which is located on the premises of Vienna Airport Schwechat (“multi-storey parking lot 4”), in accordance with the usual commercial car cleaning standards. The customer acknowledges and agrees that Assured Austria GmbH & Co KG must carry out the cleaning work in such a way that the vehicle gives a proper, visually clean impression while protecting the material. It is not owed to produce a dirt or stain-free condition if stains cannot be removed without impairing the material of the vehicle, which expressly includes color changes.
4.2. The vehicle must not have any loose parts when it is handed over. Valuables and other items must be removed by the customer beforehand. Assured Austria GmbH & Co KG accepts no liability for valuables or other items left behind in the vehicle.
5. behavior on the company premises
5.1. The provisions of the Austrian Road Traffic Regulations (StVO) apply on the premises of Assured Austria GmbH & Co KG located in parking garage 4. It is only permitted to drive at walking pace on the entire company premises. The traffic signs and instructions of Assured Austria GmbH & Co KG and its employees must be followed by the customer at all times.
5.2. Assured Austria GmbH & Co KG is entitled to park customer vehicles in any parking space in parking garage 4 after cleaning and to move them to nearby parking spaces. In the event of imminent danger, Assured Austria GmbH & Co KG reserves the right to remove vehicles from the company premises.
6. loss of the pin code, loss of or damage to the key card
6.1. The key card issued to the customer by Assured Austria GmbH & Co KG must be stored carefully and properly by the customer. The customer shall bear the resulting costs of damage and loss.
6.2. Should the key card no longer function due to damage, Assured Austria GmbH & Co KG is entitled to charge the resulting expenses in the amount of EUR 10.00 incl. VAT. VAT at the statutory rate.
6.3. If the key card or PIN code is lost, Assured Austria GmbH & Co KG must be informed immediately; in this case, the customer must provide proof of identity and present the vehicle documents when collecting the vehicle.
7 Prices and payment
7.1. The customer is obliged to pay the agreed prices to Assured Austria GmbH & Co KG.
7.2. The prices quoted by Assured Austria GmbH & Co KG are gross prices, i.e. including VAT. statutory VAT.
7.3. The agreed fee must be paid when the vehicle is returned. Assured Austria GmbH & Co KG is entitled to refuse to return the vehicle to the extent that the entire agreed and due invoice amount has not yet been paid.
7.4. If the customer does not accept the agreed services of Assured Austria GmbH & Co KG, he nevertheless remains obliged to pay the agreed fee to Assured Austria GmbH & Co KG, subject to conflicting statutory provisions.
7.5. A set-off of the claims of Assured Austria GmbH & Co KG with counterclaims of the customer is excluded, unless the counterclaim is undisputed, legally established or recognized by Assured Austria GmbH & Co KG.
7.6. The customer is obliged to pay the parking fees associated with the entry and use of parking garage 4 directly to the operator of parking garage 4, i.e. Flughafen Wien AG.
8 Withdrawal and termination
8.1. Both Assured Austria GmbH & Co KG and the customer are entitled to the statutory rights of withdrawal and termination.
8.2. Furthermore, the customer may withdraw from the contract in writing, by fax (+43 1 7007-35463), by e-mail(service@check-in-carwash.com) or by telephone (+43 1 7007-35462) up to the start of the work to be carried out. Cancellation up to 24 hours before the start of the agreed work is free of charge for the customer. In the event of later withdrawal, the customer must pay half of the agreed fee as a flat-rate withdrawal fee. If the customer does not appear for the vehicle handover, a lump sum in the amount of the total fee to be paid shall be payable.
9 Liability of Assured Austria GmbH & Co KG
9.1. Assured Austria GmbH & Co KG is only liable for damage to customer vehicles that it, its employees, legal representatives or vicarious agents have caused intentionally or through gross negligence through or during cleaning services or the re-parking of the customer vehicle. The liability of Assured Austria GmbH & Co KG for damages that occur before or after the execution of the cleaning services, including the reparking of the customer’s vehicle, is excluded.
9.2. Liability for force majeure is excluded. Assured Austria GmbH & Co KG is also not liable in the event of vehicle theft, burglary or vandalism, unless these events are due to gross negligence or intent on the part of Assured Austria GmbH & Co KG or a vicarious agent attributable to it.
9.3. Assured Austria GmbH & Co KG is not liable – except in the case of intentional damage – for damages resulting from acts of courtesy such as starting or parking assistance by its employees or vicarious agents.
9.4. Assured Austria GmbH & Co KG shall not be liable for damage caused by improperly attached vehicle parts that are not part of the standard equipment of the vehicle (e.g. spoiler, antenna, mirrors).
9.5. Assured Austria GmbH & Co KG accepts no liability for damage to paintwork caused by Assured Austria GmbH & Co KG, but which is attributable to defective paintwork (e.g. due to stone chipping, paint flaking, scratches, poorly applied paint).
9.6. If the use of aggressive chemicals is desired due to heavily soiled interior fittings, this will be recorded in writing by the employee of Assured Austria GmbH & Co KG in the order form. With such a note, the customer agrees to the use of aggressive cleaning agents and therefore the liability of Assured Austria GmbH & Co KG for damage caused by the use of such cleaning agents is excluded.
9.7. Assured Austria GmbH & Co KG is not liable for valuables left behind in the vehicle by the customer, whether intentionally or unintentionally. The customer must ensure that the vehicle is left without any valuables.
9.8. The customer merely hands over the vehicle key to Assured Austria GmbH & Co KG. Assured Austria GmbH & Co KG accepts no liability for other keys or key fobs.
9.9. Assured Austria GmbH & Co KG is not liable for any technical malfunctions of the key card, the PIN code or the pick-up machine.
9.10. The customer has no claims against Assured Austria GmbH & Co KG if he does not hand over his vehicle in accordance with the contract.
9.11. The liability of Assured Austria GmbH & Co KG for consequential damages and loss of profit is excluded, except in the case of intentional damage
10. complaint
10.1. The customer is obliged to check his vehicle on return and to report any damage to his vehicle or inadequate cleaning immediately.
10.2. The customer is only entitled to claims for rectification due to inadequate cleaning if he asserts these before leaving the company premises. Otherwise, the vehicle is deemed to have been returned in perfect condition.
11. data protection – consent to video recordings
11.1. The client permits Assured Austria GmbH & Co KG to process and store its data electronically within the scope of the contractual relationship. The unauthorized disclosure of data to third parties is not permitted unless there is a legal or official obligation to do so.
11.2. Assured Austria GmbH & Co KG operates a video surveillance system for the purpose of monitoring its premises in accordance with the provisions of the Data Protection Act 2002 (DSG 2000). The customer agrees that this video surveillance system may also be used to record the customer and any accompanying persons.
11.3. The video recordings are expressly not intended for guarding or monitoring the vehicle; any liability of Assured Austria GmbH & Co KG in this regard is excluded. Assured Austria GmbH & Co KG is also not liable for guarding or monitoring the vehicle after it has left the cleaning area.
11.4. Assured Austria GmbH & Co KG is authorized to use, edit and process the data of the video recordings to the extent provided for by law (§ 4 Z 8 DSG 2000).
11.5. In accordance with DSG 2000, customers are not authorized to receive video recordings. However, Assured Austria GmbH & Co KG is authorized to forward the data of the video recordings to the competent authority if there is reasonable suspicion of a criminal offense to be prosecuted ex officio.
12 Applicable law, place of performance and jurisdiction
12.1. Austrian substantive law shall apply to the exclusion of the conflict of laws rules of its private international law and to the exclusion of the Rome I Regulation.
12.2. The place of performance is the registered office of Assured Austria GmbH & Co KG.
12.2.1. The following is agreed for decisions on disputes arising in connection with the contractual relationship and in particular concerning the conclusion of the contractual relationship or its continued existence:
12.2.2. Legal action by the customer against Assured Austria GmbH & Co KG must be brought before the competent court for the 1st district of Vienna, Vienna Innere Stadt. If the customer is a consumer, the subject matter agreed herewith shall apply in addition to any other places of jurisdiction provided for by law, in particular in addition to the general place of jurisdiction of the defendant pursuant to §§ 65 – 75 JN.
12.2.3 For lawsuits filed by Assured Austria GmbH & Co KG
- a) against an entrepreneur, the competent court for the 1st district of Vienna, Vienna Innere Stadt, shall have exclusive jurisdiction.
b) against a consumer, the general place of jurisdiction pursuant to Section 66 JN shall be determined by the consumer’s domicile or habitual residence. If this place of jurisdiction is in Austria at the time of the conclusion of the contract, it shall remain the same even if the consumer moves his place of residence abroad after the conclusion of the contract and if Austrian court decisions are enforceable in this country.