Overview
Special terms of use for the APCOA FLOW App
(current as of July 2018)
Provider
APCOA Deutschland GmbH
Luftfrachtzentrum 605/6, Ebene 6
70629 Stuttgart
E-mail: service(at)apcoa.de
represented by the managing director Katrin Teichert Commercial Register at the Local Court of Stuttgart, No. HRB 221831 Sal
es tax identification number: DE227818589 (pursuant to § 27 a VAT law)
I. App Description
The software is a downloadable software application ("Software" or "App") that allows you (subsequently gender-neutral “users”) to access APCOA Flow functions directly from your Android, iPhone, iPad or other mobile device, as long as the hardware is supported by APCOA Flow and is compatible with the App. Which devices and software versions are compatible with the App, results from the description of the App in each App Store, through which the App is downloaded and installed.
You can download the App regardless of whether you are using APCOA Flow Service or not. However, in order to activate the full functionality of the App, you need to set up and activate a free user account with APCOA Flow. The valid General Terms of Access and Use of APCOA apply to this.
After the registration, the App provides access to APCOA Flow's digital services. These enable the authorised user to enter and leave the car parks and parking lots ("parking facilities") covered by APCOA Flow contact-free, the automatic billing and payment for the associated parking processes and, if applicable, the use of additional APCOA Flow Services.
II. End Customer License Agreement ("EULA")
End Customer Terms of Use for APCOA Flow App
1. Introduction
This End User License Agreement ("EULA") is a legally binding agreement between you as an individual or entity, and APCOA Deutschland GmbH ("APCOA"). You agree to abide by the EULA Terms and Conditions if applicable when you download, install or use this App for Android, iOS or any other mobile platform. If you do not agree with the EULA, please do not check the box "I accept the terms and conditions" and do not use the App.
By installing or using the App, you declare that you have read, understood and will comply with the EULA.
1.1 Contract partner and purpose of use
This App is offered by APCOA in an App Store ("platform") of the respective operator ("platform operator"). The contractual partner of the user is APCOA.
The platform operator is not the user's contractual partner for the App or its content.
1.2 User of the App and purpose of use
The user is a contractual partner for the use of this App, either as a private individual or as a representative of the company where he is employed. If the user concludes the agreement for the use through his company without being entitled to do so, he shall himself become the contracting party pursuant to this EULA.
This App may only be used by the following users and for the stated purposes: This App may be used by any legitimate user for personal or business purposes.
1.3 Function and purpose of the App
The function and purpose of the App is described in the App description.
1.4 Registration
In order to use the full functionality of the App, the registration of a user account is required. For this purpose, the user must enter the data for the user account completely and correctly, and must keep it up to date at all times. The handling of this data is governed by Part II
1.5 Note pursuant to § 36 Consumer Dispute Settlement Act (VSBG)
For customers from Germany: APCOA will not, and is also not obliged to participate in any dispute settlement proceedings before a consumer conciliation body as defined by the VSBG.
2. Rights of use, data usage
2.1 Range of the usage rights
The lawful user will receive the time-limited, non-exclusive, non-sub-licensible, non-transferable, revocable and free of charge right to use the App in accordance with this EULA only for private purposes. Deviations and additions may result from the information and conditions for Free and Open Source Software ("FOSS") pursuant to Paragraph 2.2 and for external content pursuant to Paragraph 2.3.
2.2 Rights of use to FOSS
The App may contain components of Free and Open Source Software ("FOSS"). The INFORMATION AND TERMS AND CONDITIONS FOR FOSS shall take precedence.
2.3 External contents
The App may contain or use components (software or content) from third parties. The INFORMATION AND TERMS AND CONDITIONS FOR EXTERNAL CONTENTS take precedence. Insofar as rights to these external contents are granted directly by third parties, the user will conclude a contract with the respective third party in accordance with the corresponding conditions, when these EULA are agreed-upon. In the event of a violation, the third party may assert claims against the user.
2.4 Termination of the rights of use
The termination of the usage rights granting is based on the compliance with this EULA. In the event of a violation of this EULA by the user, the rights to use the App including its content shall automatically cease to apply.
Irrespective of this, publishers and providers of the App can terminate the usage rights at any time through a unilateral declaration with an immediate effect.
2.5 Violation
In addition to a termination of the usage rights, a violation of this EULA may have further legal consequences for users, e.g. due to the illegal use of the App and its contents. This also includes the omission of a further use and claims for damages.
2.6 Data protection
APCOA protects the customer's personal data and uses it exclusively to the extent permitted by law or the customer has consented to its use; more detailed information on this can be found in the Data Protection Declaration, which is available via the App. The customer shall grant APCOA the non-exclusive right of use, unlimited in terms of time and content, transferable and sublicenseable, to APCOA for all other data, especially technical data, which is not personally related or whose personal reference has been removed (anonymous data).
3. User obligations
3.1 Confidentiality
The user may only use the content of the App for his own private use, and may not make it accessible to the public, for example, in social networks or in other ways.
3.2 Obligation to report defects
The user shall immediately notify the contact point specified under Customer support of any malfunctions in connection with the App usage.
3.3 Legitimate use
The user is obliged to only use the App legally in accordance with this EULA, and in accordance with the applicable law. This is within the user's scope of responsibility.
4. Prohibitions
4.1 Transfer and utilization prohibition
It is not permitted to make the App available, publish, license, sell or otherwise commercially exploit the App to third parties for a fee or free of charge. No rights to the App may be rented, leased or otherwise transferred.
4.2 Change prohibitions
It is not allowed to modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the App's source code. Legal powers shall remain unaffected, in particular the user's right to decompile the App in order to obtain the information necessary to establish its interoperability with other programs, unless the provider makes it available to him on reasonable terms.
5. Effect on software or websites of the publisher or third parties
Any use of the App that has a negative effect on the App itself or any associated websites or software accessed by the App is prohibited.
6. Warranty
6.1 Free provision
(a)Services
The App is available in a basic version for free. Their functionality is visible in the App Store, through which the App has been downloaded and installed, and can be expanded or reduced by the provider at any time. In particular, there is no legal right to certain functions that were still available in an earlier version, unless this function was purchased for a consideration.
(b)Prices
The App can be extended by in-app purchases paid for additional features. The current price and subscription models are included in the app itself, in the App Store and before placing the order. All prices are inclusive of applicable VAT.
6.2 Exclusion of warranty rights
AS FAR AS THE APP IS PROVIDED FREE OF CHARGE, IT IS IN THE "IS CONDITION". IN PARTICULAR, NO GUARANTEE OF AVAILABILITY, MARKETABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE WILL BE GIVEN. WARRANTY RIGHTS ARE EXCLUDED, EXCEPT IN CASE OF GROSS NEGLIGENCE OR GROSS NEGLIGENCE ON THE PART OF THE PUBLISHER OR APP PROVIDER. THIS ALSO APPLIES TO ANY SUPPORT.
6.3 Accuracy of information
THE PUBLISHER SHALL NOT ASSUME ANY RESPONSIBILITY FOR COMPLETENESS AND CORRECTNESS. DEPICTIONS OF SERVICES, PRODUCTS, PRICES AND OTHER SERVICES ARE MADE WITHOUT A GUARANTEE FOR CORRECTNESS, AND DO NOT CONTAIN A CONTRACTUAL OFFER NOR A CLAIM TO THE CONCLUSION OF A CONTRACT.
6.4 Scope of the warranty regulations
THE WARRANTY OF THE PUBLISHER AND PROVIDER IS EXCLUDED AND LIMITED TO THE EXTENT PERMITTED BY LAW. Statutory mandatory rights of the user remain unaffected.
7. Liability
7.1 Extent of liability
Regardless of the legal basis, APCOA shall only be liable within the framework of statutory provisions in accordance with Paragraph 7.1 and the following Paragraphs 7.2 and 7.3.
Without limitation, APCOA shall be liable for damage resulting from injury to life, limb or health and for damage caused by wilful intent or gross negligence on the part of APCOA, or one of its legal representatives or vicarious agents, as well as for damage resulting from the non-observance of a guarantee or warranted characteristic provided by APCOA or from fraudulently concealed defects.
The liability of APCOA shall be limited to a compensation for the foreseeable damage typical of this type of contract, for such damages which are based on a slightly negligent breach of material contractual obligations by APCOA, or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations, the fulfilment of which is essential for the proper execution of the contract, and on which the contractual partner may rely on a regular basis.
7.2 Indemnity against liability
If the publisher or the provider of the App is held liable by a third party for any violation of this EULA by the user, the user shall indemnify the publisher and the provider from all claims and costs arising directly or indirectly as a result thereof, including reasonable defense costs incurred by an attorney. This does not apply if the user is not responsible for an infringement. The publisher reserves the right to defend himself against such claims.
7.3 Scope of liability regulations
THE LIABILITY OF THE PUBLISHER AND PROVIDER IS EXCLUDED AND LIMITED TO THE EXTENT PERMITTED BY LAW. Statutory mandatory rights of the user, in particular liability according to the product liability law remain unaffected.
8. Additional conditions regarding Apple
8.1 These Terms of Use are exclusively agreed between the user and APCOA, and not with Apple. Apple shall not assume any responsibility for the App, but is entitled to take action against the user in the event of a breach of the Terms of Use.
8.2 APCOA grants the user the right to use this application exclusively on iOS products which are owned or operated by him/her, and pursuant to the extent permitted by the terms of use of the App Store.
8.3 Apple is under no obligation to provide maintenance or support for this application.
8.4 Apple shall not assume any responsibility for the examination, defense, resolution, and performance of claims arising from the infringement of third party intellectual property rights.
8.5 Apple is under no obligation to respond to any claim by the user or any third party in connection with the App or your property and/or use of this application. This applicability pertains to the following claims:
(a) product liability claims;
(b) claims arising from the statement that the App violates the applicable legal or regulatory provisions; and
(c) claims based on consumer protection or similar laws.
8.6 Apple and its affiliates are third party beneficiaries of the Privacy Policy and these Terms of Use, and therefore, upon your acceptance of the agreement (and this right is deemed to be accepted), Apple and its affiliates are entitled to enforce these Terms of Use against the user.
9. Final provisions
9.1 Right to change
APCOA reserves the right to adapt these EULA as required. APCOA will inform the user about significant changes to the EULA. Changes will automatically take effect 30 days after this notification. If a user does not agree with a change, he/she must uninstall the App and cease to use it. By continuing to use the app, the user declares his/her consent to the terms of the amended EULA.
9.2 Invalidity of individual clauses
Should individual provisions of this EULA be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
9.3 Applicable law
The law of the Federal Republic of Germany shall apply exclusively to all disputes in connection with this EULA, irrespective of the legal reason, with the exclusion of all provisions of conflict of laws referring to a different legal system. The application of the U.N. Convention on the Sale of Goods.
9.4 Place of jurisdiction
Place of performance is Stuttgart (Germany). The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special assets under public law arising from contracts is also Stuttgart (Germany).
General Terms and Conditions of Access and Use for APCOA FLOW
(Status: September 2019)
APCOA FLOW refers to the IT-based parking services and other services ("APCOA FLOW services") described below, which are offered to registered persons by APCOA Deutschland GmbH, Luftfrachtzentrum 605/6, 70629 Stuttgart, Germany, entered in the Commercial Register of the Stuttgart District Court under No. HRB 221831("APCOA").
The access service offered by APCOA for this purpose via the APCOA FLOW App enables one to create a personal user account. After registration, all APCOA FLOW services offered by APCOA can be used in a personalised and password-protected manner.
These General Terms and Conditions of Access and Use (“GTCAU") govern the contractual relationship concerning access to and use of APCOA FLOW services between APCOA and the person specified in the user account (Section III) (hereinafter referred to as the "customer" in a gender-neutral manner).
I. Scope of Application, Amendment and Supplementation of these GTC, Definitions
1. The use of APCOA FLOW services is intended exclusively for customers with their domicile or habitual residence or place of business within the European Union and in particular not for customers from or in the United States of America. APCOA FLOW services are only available for or in the parking facilities (“property") specified in the APCOA FLOW App or on the APCOA FLOW website.
2. APCOA reserves the right to amend or supplement these General Terms and Conditions of Access and Use in a manner that is reasonable for the customer and only with effect for the future, if there are changes in the legal framework (in particular changes in legislation or case law) or similar serious and compelling changes in circumstances.
APCOA is then obliged to notify the customer of the amended or supplemented GTC and to clearly highlight the amendments or supplements. If the customer does not agree with the changes or supplements, he can object within a period of six weeks after receipt of the change notification. If no objection is made within this period, the changes or supplements shall be deemed to have been approved. APCOA will make special reference to the right of objection, the significance of one’s actions and the resulting legal consequences in the notification of change.
The above paragraphs 1 and 2 of this Section 2 do not apply to changes in the main contractual obligations of the parties.
3. The following terms used in these General Terms and Conditions shall have the following meanings:
a) Authorised user means a natural person who has a user account and uses the APCOA FLOW services in accordance with and within the scope of these GTCAU.
b) User account is the access authorisation to the restricted APCOA FLOW services. The user account contains information about the authorised user and his user rights. Registration takes place via a user name and password. The user name and password can be used to authenticate oneself as an authorised user and to use the APCOA FLOW services.
c) APCOA FLOW website is the internet presence of APCOA FLOW, accessible at apcoa.de/flow.
d) The APCOA FLOW App is the software application to be installed on a mobile device through which the customer can register as an APCOA FLOW user and use the APCOA FLOW services.
II. APCOA FLOW services
1. APCOA FLOW services for APCOA FLOW customers include contactless entry into and exit from APCOA FLOW-equipped parking houses, parking garages and parking lots (“parking facilities") and the automatic billing and payment of associated parking operations; in addition, APCOA FLOW may include other IT-based services provided by APCOA (collectively referred to as, "APCOA FLOW services").
2. In order to use the APCOA FLOW services, the customer must open a user account via the APCOA FLOW App (Section III).
3. Depending on the operating system used, the customer can download the APCOA FLOW App from the Google Play Store or the Apple App Store onto his mobile device. The further development of APCOA FLOW services and information technology occasionally requires the adaptation of the services concerned to new technical possibilities and changes in user behaviour as well as the further upgrading of those services. In this context, APCOA reserves the right to further develop the APCOA FLOW services technically and to upgrade their range of functions.
4. APCOA shall take all reasonable measures to ensure the continuous availability of the APCOA FLOW services and to restore them immediately in the event of any disruptions. Due to force majeure (e.g. armed conflicts, storms, industrial action) or due to the implementation of necessary maintenance, repair or other measures on APCOA’s technical equipment or on the technical equipment of third parties that provide data, content, information or transmission capacities for APCOA FLOW parking services, there may nevertheless be unavoidable temporary disruptions or a reduction in the performance (speed) of APCOA FLOW services. In addition, intensive simultaneous use of APCOA FLOW services by many customers can lead to a reduction in the performance (speed) of APCOA FLOW services.
5. In the event of technical faults in the APCOA FLOW services or any other problems encountered by the customer in using APCOA FLOW parking services, the customer may contact APCOA's customer service department (Section VII).
III. Registration via the access service, User accounts, Conclusion and conditions of the user agreement
1. In order to use APCOA FLOW services, the customer must open a single user account (“Registration") via the access service of the APCOA FLOW website or the APCOA FLOW App. The access service is free of charge for the customer. The user account can be a user account set up specifically for APCOA FLOW (see Section 2) or the customer’s existing user account with a social network (see Section 3).
2. For registration purposes, the customer may set up a special user account for APCOA FLOW. The following applies in this case:
a) The creation of a user account requires the provision of the following personal information:
• First and last name of the user as well as
• e-mail address.
The customer is responsible for ensuring that this information is correct. If the personal information changes, the customer must update the details immediately via his user account.
b) To protect the user account, the customer should select a password that meets the following requirements:
• Minimum length of 6 characters
• Meets at least 3 of the following requirements:
- contains upper case letters,
- contains lower case letters,
- contains at least one digit,
- contains at least one special character,
The use of passwords consisting only of one or more dictionary entries and numbers should be avoided. The customer is obliged to keep his password secret. For security reasons and to prevent misuse, the customer is advised to change his password regularly.
The password can be changed at any time via the user account settings. The customer is responsible for the secure handling of his password. APCOA shall not be liable for the consequences of non-compliance with the above password rules.
When using APCOA FLOW services, we strongly recommend that you protect your end devices against misuse by third parties with the respective measures available for end devices (e.g. device password, graphic pattern, etc.).
c) The user name should correspond to the e-mail address that the customer provided during registration. The customer will receive all necessary information for the use of his user account at this e-mail address. The customer has the option at any time to enter a different e-mail address
as the user name via the settings of his user account. The customer shall ensure that the information provided is truthful and complete. Since APCOA communicates with the customer by e-mail, among other means, the customer must in particular have a valid e-mail address and access to the associated e-mail account.
3. The access service may offer the customer the option of using an existing user account with a social network for registration and login. During registration, the customer's data from a social network may be used to automatically fill in the registration form. This only happens if the customer has previously granted APCOA's access service access to certain data of his profile in the social network. The access service will take the data displayed in the registration window from the social network, including the identification number of the customer in the social network. After registration, the customer can simplify the login process by using the corresponding button of the respective social network. If the customer is already logged in with the social network at that particular time, the authentication information of the social network is taken up and no further action by the customer is required. Note: When performing the registration or login function via a social network, the operator of the social network can get to know that the customer has registered with APCOA FLOW and individual login processes can also be traced. Further information on this can be found in the privacy policy of the respective social network. APCOA assumes no responsibility for the functionalities and possible data analyses of these third-party providers.
4. The access service can provide the customer with the option of allowing individual third-party providers access to individual websites and available applications assigned to his user account and connected to this service - if available. If the Customer sets this up, APCOA will provide the third party provider with an authentication credential which the customer may revoke at any time. In addition to the setup, the customer may be required to agree to separate terms of use on the websites or applications he wishes to access and which are connected to this service.
5. The customer may delete the user account at any time. To ensure successful deletion of the user account, the customer must ensure that he has logged out of the APCOA FLOW App beforehand. After deletion, the personalised use of the connected websites and applications of APCOA FLOW will no longer be possible.
If the account remains inactive for more than 24 months, APCOA is entitled to delete it. The customer will be informed of the impending deletion by e-mail at least one month before the account is deleted.
6. By clicking the "Register" button and confirming the General Terms and Conditions of Access and Use as well as the Privacy Policy of APCOA, a user agreement is concluded between APCOA and the customer, which enables the customer to access the APCOA FLOW services offered by APCOA.
Only persons of legal age may enter into effective agreements with APCOA. This agreement is not transferable.
7. To have full access to these services within the framework of the APCOA FLOW App, the user account must first be verified. For this purpose, APCOA shall send an e-mail message to the user on the e-mail address provided by the user in the user account immediately after the user's registration. Upon successful completion of the verification of the user account, access to the APCOA FLOW services within the App will be activated.
IV. APCOA’s responsibility, Liability
1. APCOA will not be held responsible for damage caused by improper use of APCOA FLOW services and the APCOA FLOW App. This applies in particular if the driver of the vehicle is distracted from the traffic situation through use of APCOA FLOW services or the APCOA FLOW App while driving and causes an accident.
APCOA wishes to expressly point out that electronic devices required for accessing APCOA FLOW may only be used when driving a vehicle subject to the German Road Traffic Regulations (StVO).
2. APCOA will not be responsible for any damage caused by the customer choosing an inappropriate password for the user account or failing to keep the password secure, or for any damage caused by a third party to whom the customer has given access to APCOA FLOW services.
3. APCOA will not be responsible for breaches of data protection laws by the customer or by third parties to whom the customer has granted access to APCOA FLOW services.
4. The customer is aware that the possibility of using APCOA FLOW services, e.g. Internet use, the possibility of receiving SMS, push or e-mail notifications and obtaining a GPS location, is dependent on the functionality of the mobile phone, (mobile) networks and other third party services. APCOA will not be responsible for any damage caused by the inadequate functionality or total failure of the mobile phone or third party networks or services, such as not receiving an SMS, push or e-mail notification (in time). This also includes cases of force majeure in accordance with Section 5 below.
5. In cases of force majeure, such as disruptions in the telecommunications infrastructure (Internet), national unrest, mobilisation, war, traffic blockages, strikes, lockouts, DoS attacks (Denial of Service attacks), DdoS attacks (Distributed Denial of Service attacks), operational disruptions, stagnation of supplies, fire and flooding, during which APCOA is prevented from providing its services so that fulfilment of the contract cannot reasonably be required of APCOA, APCOA's obligation to perform shall cease to apply.
6. In all other respects, APCOA shall be liable in accordance with the following provisions:
a) If APCOA is liable for damage caused by slight negligence on the basis of statutory provisions, APCOA's liability shall be limited. In this case, liability shall only exist if there is a breach of material contractual obligations. Besides, this liability will be limited to the typical damage foreseeable at the time of conclusion of the agreement.
b) The personal liability of APCOA's legal representatives, vicarious agents and employees for damages caused by them due to slight negligence is excluded. Damages caused by them due to gross negligence, with the exception of legal representatives and executives, will accordingly be subject to the limitation of liability provided for APCOA in this Section.
c) The limitations of liability in this Section do not apply in the event of mortal injury, bodily harm or health damage. Irrespective of any fault on the part of APCOA, any liability arising from fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.
V. Termination
1. This user agreement can be terminated by the customer at any time by written statement to APCOA effective at the end of the month.
2. APCOA may terminate this user agreement by giving one month's notice to the customer; compliance with a specific termination date is not required.
APCOA is furthermore entitled to terminate this user agreement for good cause. Good cause shall be deemed to exist in particular in the event of:
- misuse or manipulation of APCOA FLOW services (e.g. use of the APCOA FLOW access medium in breach of contract),
- default of payment by the customer,
- violation of legal or regulatory provisions,
- violation of essential contractual obligations.
Extraordinary termination by APCOA is permissible in the aforementioned cases after the unsuccessful expiry of a reasonable grace period set for remedial action or after an unsuccessful warning, which must be sent to the customer in text form (Section 126 b of the German Civil Code (BGB), e.g.: e-mail, fax).
VI. Blocking of the APCOA FLOW user account
1. After termination of the agreement, APCOA is entitled to immediately block the user account.
2. Furthermore, APCOA reserves the right to block the user account, if APCOA is entitled to terminate the agreement for good cause and/or if unusual transactions by the customer give rise to the suspicion that a criminal offence or other misuse has been committed.
VII. Customer Service
For APCOA FLOW services, APCOA shall, at its discretion, provide the customer with APCOA FLOW Customer Service via telephone. The telephone number for APCOA FLOW Customer Service and the hours of availability can be found in the APCOA FLOW App or on the APCOA FLOW website. To make a call to APCOA FLOW Customer Service, only the call charges levied by the telecommunication service provider shall apply.
VIII. Data Protection
1. In order to implement the contractual relationship, APCOA shall collect the customer’s personal data. In doing so, the legal provisions of the General Data Protection Regulation and the country-specific data protection regulations applicable to APCOA will be observed.
APCOA shall protect the customer's personal data and use it only insofar as this is legally permissible or the customer has consented to its use; more detailed information on this is contained in the privacy policy which can be accessed via the APCOA FLOW App and the APCOA FLOW website.
2. The customer shall grant APCOA the non-exclusive, unlimited (in terms of time and content), transferable and sub-licensable right to use other data, in particular technical data, which either has no personal reference or whose personal reference has been removed (anonymised data).
IX. Place of jurisdiction, applicable law
1. If a customer is a merchant or has no general place of jurisdiction in Germany, Stuttgart shall be the exclusive place of jurisdiction for all claims arising from or in connection with APCOA FLOW services.
2. If the customer is a consumer, APCOA can only sue him at the court responsible for his place of residence or habitual abode; the customer, on the other hand, can sue APCOA at any legally permitted place of jurisdiction, in addition to the court responsible for his place of residence or habitual abode.
3. All disputes arising from or in connection with APCOA FLOW services, the App and these Terms and Conditions of Use shall be governed exclusively by the laws of the Federal Republic of Germany; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the customer is a consumer, the law of the country in which the consumer is domiciled or habitually resident at the time of conclusion of the agreement shall apply.
X. Severability clause
Should any of the above Terms and Conditions of Use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions which come as close as possible to the economic purpose of the agreement, while adequately safeguarding the interests of both parties.
XI. Settlement of disputes
APCOA is neither willing nor obliged to participate in any dispute resolution procedure before a consumer arbitration board.
Special Terms and Conditions of Use for the APCOA FLOW parking service
(Status: October 2022)
A. Subject matter of the agreement and contracting parties
I. APCOA Deutschland GmbH, Luftfrachtzentrum 605/6, 70629 Stuttgart, registered in the Commercial Register of the Stuttgart District Court under No. HRB 221831 ("APCOA") offers parking services via the APCOA FLOW App and the APCOA FLOW website , which makes it possible for registered APCOA FLOW customers to have contactless entry into and exit from the parking houses, parking garages and parking lots ("parking facilities") covered by APCOA FLOW through the use of an APCOA FLOW access medium (e.g. APCOA FLOW chip, license plate, etc.). The cashless billing and payment of the associated parking transactions shall be made automatically via the customer's user account (hereinafter collectively referred to as the "APCOA FLOW Parking Service").
APCOA FLOW access media are IT-based access media. This includes the APCOA FLOW Chip to be provided by APCOA. In addition, the customer may also use the vehicle registration number as an access medium in the parking facilities technically equipped for this purpose and designated as such by APCOA, provided that the customer has booked this service (hereinafter referred to as "vehicle registration number recognition") in the APCOA FLOW App.
II. A prerequisite for the use of the above APCOA FLOW parking service is that the customer has opened a user account via the APCOA FLOW App. Access to and use of APCOA FLOW services in general is governed by the General Terms and Conditions of Access and Use for APCOA FLOW.
III. Another prerequisite for using the APCOA FLOW parking service is the provision of an APCOA FLOW chip and/or the deposit and activation of the vehicle license plate number to be used for entering and leaving the parking facility (APCOA FLOW chip and vehicle license plate hereinafter also referred to individually as “APCOA FLOW access media”) and together (“APCOA FLOW access media”).
IV. The provision and use of the APCOA FLOW Access Media and the use of the APCOA FLOW parking services are subject to the following Special Terms and Conditions of Use for the APCOA FLOW parking services (hereinafter referred to as “BNB APCOA FLOW Parking"), which the customer accepts as legally binding.
V. The rental of parking spaces in a parking facility is not the subject of this NBB APCOA FLOW Parking, but of a separate rental agreement, which is concluded when one enters a parking facility. The content of the rental agreement shall be governed by the General Terms and Conditions for Parking (“GTCP") and the price list (“List of rates") displayed on site at the time of entry, unless otherwise agreed in these BNB APCOA FLOW Parking.
Registration for the APCOA FLOW Parking service does not constitute a claim to the conclusion of a rental agreement for a parking space.
If the customer uses an APCOA FLOW access medium to enter or leave a parking facility, the customer shall be billed for this parking transaction in accordance with the following provisions (cf. D.III below).
B. General Terms and Conditions of the Agreement
I. Conclusion of agreement:
1. The provision of APCOA FLOW App’s booking system and the APCOA FLOW Website does not constitute a legally binding offer by APCOA. It is merely a non-binding invitation to the APCOA FLOW customer to submit an offer to conclude an agreement for the provision and use of APCOA FLOW access media and for the use of APCOA FLOW parking services in accordance with the following terms and conditions of use.
By clicking the "Confirm Order" button, the customer submits a binding offer to conclude an agreement for the provision and use of the APCOA FLOW access media and the use of the APCOA FLOW parking services.
2. The customer must enter the mandatory data (address and payment data) required for the conclusion of the agreement in the input mask provided for the booking process in the APCOA FLOW App. This process is non-binding and does not constitute a contract offer.
All entries made by the customer are visible at a glance immediately before the offer is submitted and can then be checked and corrected if necessary.
After the customer has entered all the required mandatory information, he must accept these BNB APCOA FLOW Parking Terms and Conditions and the APCOA FLOW Privacy Policy by placing a checkmark in the corresponding box. At the end of the ordering process, the customer clicks on the "Confirm Order" button. By clicking the "Confirm Order" button, the customer submits a binding offer to conclude an agreement for the provision and use of the APCOA FLOW access medium.
3. Acceptance by APCOA shall take place either by express declaration in the App, by e-mail or by sending of the APCOA FLOW access media. There is no entitlement to the conclusion of the agreement. APCOA is entitled to refuse acceptance without giving reasons.
4. If the Customer wishes to use the vehicle license plate recognition in the APCOA FLOW parking facilities technically equipped for this purpose, he/she must store their vehicle license plate number within the APCOA FLOW App. The Customer may only deposit vehicle license plates in the APCOA FLOW App that he/she is legitimately entitled to use and deposit. Entitlement exists if he/she i) is registered as the owner of the registered vehicle or ii) has been authorized by the registered owner of the registered vehicle to use the vehicle and to deposit the vehicle registration number in the APCOA FLOW App. APCOA is entitled, but not obligated, to verify this authorisation. Specification of the vehicle license plate number is mandatory for the use of vehicle license plate recognition. In addition to this mandatory data, the customer may voluntarily store additional information about the manufacturer and/or brand of their vehicle in the APCOA FLOW App (“voluntary data”). In order to activate the license plate for the use of the APCOA-FLOW parking service, the Customer must confirm that he/she is entitled to deposit the license plate by checking the checkbox in the corresponding input field. By activating the license plate, the customer confirms that he/she has taken note of and understood this information on license plate registration - If he/she is not the owner of the vehicle whose license plate he/she has deposited, the customer confirms that the owner has been informed by him/her and that he/she agrees to the collection, processing and use of his/her license plate.
II. Conditions for the conclusion of the agreement1. Commercial use of the APCOA FLOW parking services as a fleet solution is only permissible after conclusion of a separate agreement with APCOA.
2. Only persons of legal age may enter into effective agreements with APCOA. This agreement is not transferable.
C. APCOA FLOW access media
I. APCOA FLOW chip
1. Delivery of the APCOA FLOW chip
Unless otherwise agreed, the APCOA FLOW chip will be delivered within 4 weeks to the address specified by the customer in the order.
APCOA is exceptionally not obliged to deliver the ordered APCOA FLOW chip, if the APCOA FLOW chip was duly ordered by APCOA but not delivered to APCOA in a correct or timely manner (congruent covering transaction). The prerequisite is that APCOA is not responsible for the non-availability of the goods and that you were informed of this circumstance without delay. In addition, APCOA must not have assumed the risk of procuring the ordered APCOA FLOW chip. If the APCOA FLOW chip is not available, APCOA will immediately reimburse the customer for any payments already made. APCOA shall not assume the risk of having to procure an ordered APCOA FLOW chip (procurement risk). This also applies to the order of an APCOA FLOW chip which is only described in terms of its type and characteristics (generic goods). APCOA is only obliged to deliver from its stock of goods and the goods ordered by APCOA from its supplier.
2. No replacement in case of theft or loss
In case of theft or other loss as well as in case of a functional impairment (in particular digital readability) of the APCOA FLOW Chip belonging to the customer for which the customer is responsible, APCOA will not provide any replacement. However, the customer may purchase a replacement medium from APCOA at a fee.
II. Vehicle number plate recognition system
1. A prerequisite for using the APCOA FLOW Parking Service by means of license plate recognition is that the eligible customer has stored the license plate number of the vehicle he or she is legitimately using in their user account as part of their registration for the APCOA FLOW Parking Service.
2. The customer has the option of storing several number plates in his user account in the APCOA FLOW App as an access medium for the APCOA FLOW Parking Service.
3. A change of the deposited number plate, e.g. in case of a change of vehicle, or the addition of further number plates is possible at any time within the APCOA FLOW App.
4. The use of APCOA FLOW parking services by means of the vehicle number plate recognition system is only possible in APCOA’s parking facilities that are technically equipped for this purpose. APCOA will designate the relevant parking facilities.
5. The license plate number is recorded by cameras when the vehicle enters or leaves the parking facility. The customer must ensure that the vehicle's license plate is designed and affixed in accordance with legal requirements, is not dirty and is clearly legible when entering and exiting the parking area.
6. In the event of a malfunction of the license plate recognition system or in the event that a license plate should not be readable, e.g. due to soiling, the customer can contact APCOA's central control centre via the intercom system at the entrance or exit of the respective parking facility.
D. Terms and Conditions of Use for the Use of APCOA FLOW Access Media
I. Scope of services of APCOA FLOW
1. APCOA shall permit the APCOA FLOW customer to use the APCOA FLOW access media for contactless entry into and exit from the APCOA FLOW parking facilities designated in the APCOA FLOW App and on the APCOA FLOW website.
The use of the APCOA FLOW parking services is subject to a fee. All services used by the APCOA FLOW customer shall be charged to his user account. Payment of the charges incurred shall be made as set out in D.III below.
2. An overview of the parking facilities that can be used via APCOA FLOW can be accessed via the APCOA FLOW App and on the APCOA FLOW website. However, APCOA expressly does not undertake to permanently equip or keep available certain parking facilities or a certain number of parking facilities for the APCOA FLOW Parking Service. No parking spaces shall be reserved for APCOA FLOW customers in the parking facilities. APCOA does not guarantee that parking spaces will be available for APCOA FLOW customers in the parking facilities.
3. For the APCOA FLOW Parking Service, APCOA will provide the customer with APCOA FLOW Customer Service by telephone. The telephone number for APCOA FLOW Customer Service and the hours of availability can be found in the APCOA FLOW App or on the APCOA FLOW website. To make a call to APCOA FLOW Customer Service, only the call charges levied by the telecommunication service provider shall apply.
II. Other obligations of the customer
1. If the customer uses the APCOA FLOW access medium to enter an APCOA FLOW parking facility, the customer may not purchase a parking ticket at the same time, otherwise, double parking charges may be incurred.
However, the customer is free at any time not to use APCOA FLOW; APCOA recommends this if the customer wishes to take advantage of special and flat rates or discounts for certain tenants (e.g. dealer-related discounts) that do not apply when using APCOA FLOW (see D.III.6 below
2. The APCOA FLOW customer shall be liable to APCOA for all acts performed using his APCOA FLOW access medium, e-mail address and/or password as if they were his own. The parties shall accept APCOA's records in this regard as being presumably accurate, complete and conclusive. The access medium may not be made available for use by third parties.
3. The customer is obliged to inform APCOA immediately of any changes in personal data (in particular residential or business address, email address, payment data, vehicle registration number) or to change this data in his user account accordingly. If the customer does not comply with his duty to inform, APCOA is entitled to charge the customer for the corresponding additional expenses as well as any further costs of registration information, some information from the registration file and/or a return debit note.
4. The APCOA FLOW chip must be attached and used in accordance with the user instructions provided. In particular, the customer is obliged to store and use the APCOA FLOW chip with special care in order to prevent it from getting lost or being misused. He is further obliged to report any unauthorised use and loss of the APCOA FLOW chip, e.g. loss, theft or possession by an unauthorised person, to APCOA immediately using the contact information below, so that it can be blocked: flow@apcoa.de or telephone 0711/30570305.
This also applies in the event of any relevant suspicion. Any theft or misuse must be reported immediately to the police; the customer is obliged to provide APCOA with a copy of the report made.
If 30 minutes elapse from the time of the report, the customer shall no longer be liable for any misuse of the APCOA FLOW chip. Tthe customer shall only be liable for any misuse prior to this time, if he has contributed to the misuse through culpable breach of his duties, such as the duty to store the APCOA FLOW chip carefully.
5. If the functionality of the APCOA FLOW chip is impaired or damaged, or if the customer rules out any further use of the chip, he is obliged to report this to APCOA immediately.
6. The customer is solely responsible for the proper payment of accrued fees to APCOA. In particular, he must be ensure that the filed payment terms are valid and covered to the appropriate amount or that a sufficiently large credit line has been granted.
III. Payment of the parking space rental fee when using the APCOA FLOW Parking Services.
1. The provision and use of parking spaces by APCOA to the customer is the subject of a separate rental agreement, which comes into effect when the customer drives into the parking facility (see A.V above).
2. Payment of the parking fees charged by APCOA can be made using the payment method displayed during the registration process and selected by the customer.
3. The following payment methods are generally available to the customer:
a) Credit card: If payment is made by credit card, the customer's account will be debited after each parking transaction in accordance with the agreements between the credit card operator and the customer. In the event that the credit card debit is rejected, the customer undertakes to pay the outstanding parking fees plus any costs incurred within 10 days. These costs include, but are not limited to, the costs incurred due to the rejection of the credit card debit.
b) Direct debit (SEPA Direct Debit): If the SEPA direct debit payment method is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for advance information. The direct debit will be collected after each parking transaction, but not before the deadline for advance information. Advance information (“Pre-notification”) is any communication (e.g. invoice) from APCOA to the customer announcing a debit by SEPA direct debit and stating the creditor ID and mandate reference number. Our creditor identification number is: DE34ZZZ00000566807. The period for this advance notice until the account is debited is two bank working days.If the direct debit is not honoured due to lack of sufficient funds on the account or due to submission of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the charges incurred by the respective credit institution as a result of the chargeback, if he is responsible for this. APCOA may request written confirmation of the direct debit mandate from the customer, insofar as this is required for formal reasons.
Note: The customer may demand reimbursement of the debited amount within 8 weeks, beginning with the debit date. The conditions agreed with your financial institution shall apply. Please note that the debt due shall remains valid even in the case of a return debit note.
The customer can change the payment method (SEPA direct debit or credit card payment) and/or revoke the SEPA direct debit mandate by notifying APCOA in writing (Section 126 (b) of the BGB, e.g. by e-mail, fax, etc.).
c) PayPal: The customer will be redirected to the website of the online provider PayPal during the registration process. In order to use this payment method, the customer must be registered with PayPal, legitimise himself using the access data and confirm the payment instruction to APCOA. The PayPal account is debited immediately after each parking transaction. Further information on this can be found at www.paypal.com.
4. The customer shall receive a transaction-based invoice for the completed parking transactions.
5. The invoice will be sent to the customer via email to the email address provided by the customer in the user account.
6. Any special and flat rates or discounts for certain tenants (e.g. dealer-related discounts) do not apply when using APCOA FLOW. The rental amount for the use of APCOA FLOW is calculated solely on the basis of the actual time spent between entry and exit (rental period) and according to the rates applicable to general public traffic in the respective parking facility.
7. If the customer uses the APCOA FLOW access medium to enter a parking facility, there will be no need to take a parking ticket and pay the parking fee owed by the customer at the cash desk.
However, if the Customer pulls a ticket at the barrier system when entering the parking facility in contravention of these Terms and Conditions of Use, settlement on the basis of this APCOA FLOW User Agreement shall be ruled out and the parking fee shall be paid by the Customer at the automatic pay station located in the parking facility or to the authorised cashier personnel.
8. Should a defect arise with the APCOA FLOW chip during the parking period or if the number plate recognition system fails to work, the customer can contact the APCOA parking control centre at the exit via an intercom system. After matching the identification number of the APCOA FLOW chip or the vehicle registration number and after validation using selective customer data, the exit will then be enabled manually.
IV. Offsetting / Right of retention
The customer shall only have a right to offset if the counterclaim has been legally established, is not disputed or acknowledged by APCOA or is in a close synallagmatic relationship to APCOA's claim.
The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
APCOA must be notified in writing of the offset or the exercise of a right of retention.
V. Blocking of the APCOA FLOW access medium
1. APCOA is entitled to block the APCOA FLOW access media stored for the customer's user account in the event of default in payment until the outstanding amounts have been paid in full.
2. After termination of the agreement, APCOA is entitled to block the APCOA FLOW access media stored for the user account.
3. Furthermore, APCOA reserves the right to block the access media stored for the user account, if APCOA is entitled to terminate the agreement for good cause and/or if unusual transactions give rise to the suspicion that a criminal offence or other misuse has been committed.
VI. APCOA’s responsibility, Liability
1. APCOA shall not be responsible for damage caused by improper use of the APCOA FLOW Parking Service and the APCOA FLOW App. This applies in particular if the driver of the vehicle is distracted from the traffic situation through use of APCOA FLOW Parking Services or the APCOA FLOW App while driving and causes an accident.
2. APCOA will not be responsible for any damage caused by the customer choosing an inappropriate password for the user account or failing to keep the password secure, or for any damage caused by a third party to whom the customer has given access to APCOA FLOW Parking Services.
3. APCOA will not be responsible for breaches of data protection laws by the customer or by third parties to whom the customer has granted access to APCOA FLOW Parking Services.
4. The customer is aware that the possibility of using the APCOA FLOW services, such as barrier-free entry and exit to and from the parking facility, Internet use and the possibility of receiving SMS, push or e-mail notifications as well as obtaining a GPS location are dependent on the functionality of the mobile phone, the (mobile) networks and other third-party services.
In the event of a malfunction of the APCOA FLOW chip, the customer may contact APCOA's central control centre via the intercom at the entrance or exit of the parking facility, and the control centre will endeavour to rectify the problem without delay. If it is not possible to rectify the problem and the customer still wishes to enter the parking facility, he must draw a ticket upon entry and pay the parking fee at the automatic pay station or to the APCOA cashier authorised to receive payment in such cases before leaving.
5. APCOA will not be responsible for any damage caused by the inadequate functionality or total failure of the mobile phone or third party networks or services, such as not receiving an SMS, push or e-mail notification (in time). This also includes cases of force majeure in accordance with Section 6 below.
6. In cases of force majeure, such as disruptions in the telecommunications infrastructure (Internet), national unrest, mobilisation, war, pandemics, traffic blockages, strikes, lockouts, DoS attacks (Denial of Service attacks), DdoS attacks (Distributed Denial of Service attacks), operational disruptions, stagnation of supplies, fire and flooding, during which APCOA is prevented from providing its services so that fulfilment of the agreement cannot reasonably be required of APCOA, APCOA's obligation to perform shall cease to apply.
7. In all other respects, APCOA shall be liable in accordance with the following provisions:
a) If APCOA is liable for damage caused by slight negligence on the basis of statutory provisions, APCOA's liability shall be limited. In this case, liability shall only exist if there is a breach of material contractual obligations. Besides, this liability will be limited to the typical damage foreseeable at the time of conclusion of the agreement.
b) The personal liability of APCOA's legal representatives, vicarious agents and employees for damages caused by them due to slight negligence is excluded. Damages caused by them due to gross negligence, with the exception of legal representatives and executives, will accordingly be subject to the limitation of liability provided for APCOA in this Section.
c) The limitations of liability in this Section do not apply in the event of mortal injury, bodily harm or health damage. Irrespective of any fault on the part of APCOA, any liability arising from fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.
VII. Term of agreement and termination, Blocking of access media, Outstanding fees
1. The user agreement is concluded for an indefinite period.
2. Termination can be issued by either party at any time in writing (by fax, letter or e-mail) with a notice period of four weeks effective at the end of the month without stating reasons. In any case, the corresponding customer number must be stated in the termination notice. Termination by telephone will not be accepted.
3. The right to extraordinary termination for good cause remains unaffected for both parties. APCOA shall be entitled to terminate the agreement without notice, in particular in the event of violations of the house and user regulations for the parking houses / parking lots, incorrect information about the financial status of the customer, insufficient cover for the payment arrangements or the endangerment of the fulfilment of the customer's payment obligation or non-fulfilment and card misuse. In this case, the parking fees outstanding at that time shall become due for payment immediately.
4. After termination of the agreement, the access media stored for the user account will be blocked.
5. Should any parking fees still be outstanding on the customer account at the time of termination of this agreement or if the vehicle is still in an APCOA parking facility, the outstanding parking and service fees will be collected immediately after completion of the parking process via the specified payment method. Any credit received shall be forfeited upon termination and cannot be paid out.
E. Final Provisions
I. Place of jurisdiction, applicable law
1. If a customer is a merchant or has no general place of jurisdiction in Germany, Stuttgart shall be the exclusive place of jurisdiction for all claims arising from or in connection with APCOA FLOW Parking Services.
2. If the customer is a consumer, APCOA can only sue him at the court responsible for his place of residence or habitual abode; the customer, on the other hand, can sue APCOA at any legally permitted place of jurisdiction, in addition to the court responsible for his place of residence or habitual abode.
3. All disputes arising from or in connection with APCOA FLOW Parking Services, the App and these Terms and Conditions of Use shall be governed exclusively by the laws of the Federal Republic of Germany; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the customer is a consumer, the law of the country in which the consumer is domiciled or habitually resident at the time of conclusion of the agreement shall apply.
II. Amendment and Supplementation of these GTC
APCOA reserves the right to amend or supplement these Special Terms and Conditions of Use in a manner that is reasonable for the customer and only with effect for the future, if there are changes in the legal framework (in particular changes in legislation or case law) or similar serious and compelling changes in circumstances. APCOA shall thereby be obliged to notify the customer of the amended or supplemented GTC and to clearly highlight the relevant amendments or supplements.
If the customer does not agree with the changes or supplements, he can object within a period of six weeks after receipt of the notification. If no objection is made within this period, the changes or supplements shall be deemed to have been approved. In the aforementioned notification, APCOA shall specifically draw attention to the right of objection, the significance of one’s conduct and the resulting legal consequences in the notification.
The amendment mechanism described above shall not apply to amendments to the main contractual obligations of the parties.
III. Severability clause
Should any of the above Terms and Conditions of Use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions which come as close as possible to the economic purpose of the agreement, while adequately safeguarding the interests of both parties.
IV. Settlement of disputes
APCOA is neither willing nor obliged to participate in any dispute resolution procedure before a consumer arbitration board.
F. Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. if you make the purchase for purposes which can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of revocation in accordance with the following provisions.
Right of revocation
You have the right to withdraw from this agreement within fourteen days without stating any reasons.
The revocation period is fourteen days from the day the goods are handed over to you or to a third party appointed by you.
In order to exercise your right of revocation, you must notify us (APCOA Deutschland GmbH, Luftfrachtzentrum 605/6, 70629 Stuttgart, Germany, telephone: +49 711 94791 - 0, fax: +49 711 94791 - 758, e-mail: customerservice@apcoaflow.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this agreement. You may use the enclosed sample revocation form, but this is not obligatory.
To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the end of the cancellation period.
Consequences of revocation
If you revoke this agreement, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this agreement. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees because of this reimbursement.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of revocation in respect of this agreement compared to the total scope of the services provided for in the agreement.
Sample revocation form
(If you wish to revoke the agreement, please complete this form and return it to us.)
- To APCOA Deutschland GmbH, Luftfrachtzentrum 605/6, 70629 Stuttgart, Fax: +49 711 94791 - 758, E-E-mail: customerservice@apcoaflow.com:
- I/we (*) hereby revoke the agreement concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date
