Terms and Conditions - Orange Parking

These are the General Terms and Conditions (hereinafter referred to as “GTC”) of Orange Parking GmbH, FN 629638 p, TNS GASSE 1, 2431 Enzersdorf an der Fischa (hereinafter referred to as the “Company”). The Company operates on the market under the business name “Orange-Parking” and operates a licensed vehicle rental trade (passenger transport) at TNS GASSE 1, 2431 Enzersdorf an der Fischa.

These GTC apply to the business activities of the Company, which primarily include the custody of motor vehicles (hereinafter referred to as “vehicles“) and the transport of persons by passenger cars. These GTC are considered expressly agreed upon as soon as the Company and its customers have concluded the Custody and Transport Contract in accordance with Point 5 of these GTC. The customer’s GTC are expressly and without exception not recognized as part of the contract.
The Company operates an internet platform on which it provides general information regarding the custody of vehicles and the transport of customers to and from Vienna-Schwechat Airport. This information specifically includes details about the Company, its services, prices, payment terms, customer reviews, and general information. These details serve solely for the information of potential customers and constitute neither an offer to conclude a contract nor a declaration of intent in this regard.
Visitors to the platform can reserve these services directly on the platform at the listed prices and conditions. For this purpose, they enter their personal data, select the desired services at the listed conditions, accept the subject GTC for the event of concluding a contract pursuant to Point 5, and complete the reservation using the “Complete Reservation” button. The reservation is non-binding and can be cancelled free of charge up to 24 hours before the customer’s arrival at the handover location (Point 5); subsequently, it can be cancelled upon payment of the flat-rate expense compensation listed on the platform. Cancellation can be made on the respective platform or via email (booking@orange-parking.at) or by telephone at +43 644 99988250. Such a reservation constitutes neither an offer to conclude a contract nor a declaration of intent in this regard. The Company sends the customer a reservation confirmation via email together with the accepted GTC, which again written and expressly state the agreed and valid terms and conditions for the event of a contract conclusion pursuant to Point 5.
Before the customer’s arrival at the designated handover location, which is the departure zone of Vienna-Schwechat Airport, the customer must inform the Company at least 30 minutes prior to arrival. The Company’s employees, marked in “orange”, will subsequently take over the customer’s vehicle directly at the agreed handover location (see reservation confirmation). The customer proves their identity by presenting a legally recognized identification document (e.g., passport, ID card, or driver’s license) and hands over their vehicle and vehicle keys to the Company employee. The Company employee will inspect the vehicle in the presence of the customer and record the current condition of the vehicle using appropriate documentation software. Among other things, existing damage to the vehicle, mileage, fuel level, etc., will be documented here. The vehicle condition recorded in this way is subsequently confirmed by the customer. Furthermore, the customer must ensure that any valuables are removed from the vehicle beforehand. The Company bears no liability for the loss or disappearance of any objects during the custody period. Upon completion of this process, the customer receives a handover confirmation and, in accordance with the provisions of these GTC and the conditions stated in the reservation confirmation, the Custody and Transport Contract signed by both parties. At this time, the insurance coverage guaranteed by the Company, which extends exclusively to the period of custody, comes into force. The subsequent parking of the vehicle in the parking lot is carried out by the Company’s employees. The customer has no claim to a specific parking space.
Despite a made reservation, the customer has no legal claim to the conclusion of the Custody and Transport Contract; therefore, the Company may refuse to accept the vehicle and conclude the Custody and Transport Contract if important reasons exist. Such important reasons exist in particular if the vehicle to be kept in custody does not comply with the provisions of Point 11 (e.g., no valid inspection sticker/”Pickerl”) or if the customer exhibits behavior towards Company employees or other customers that makes entering into a contractual relationship with them unreasonable.
The Company is obliged to take the vehicle into care and protect it from any damage during the custody period. The customer grants the Company consent to move the vehicle outside the premises to avert imminent serious damage (flood, fire, etc.) as well as for the performance of additionally booked services (e.g., vehicle cleaning). The Company acquires no ownership, possession, and/or usage rights to the vehicle in custody. The Company is merely the holder of the vehicle and is obliged to return it to the customer at the end of the contract in the condition in which it was taken over. Passing on or making it available to third parties is strictly prohibited.
The customer is obliged to notify the Company of any change in their arrival time and flight number no later than 24 hours before their landing at Vienna-Schwechat Airport. This notification must be made to the email address or telephone number listed in Point 3. If the customer fails to provide this notification, they must pay the Company a flat-rate expense compensation specified on the platform for the additional effort caused thereby.
After landing at Vienna-Schwechat Airport, the customer and the accompanying persons listed in the reservation will be met by a Company employee in front of the arrival terminal and transported to the location of their vehicle, i.e., the Company’s parking lot. Vehicles chosen by the Company will be used for the customer transfer. The customer has no claim to the use of specific vehicle types. During the drive, the customer must adhere to the driver’s instructions (seatbelt obligation, drop-off point, child safety, etc.); otherwise, any liability for negligently caused property damage and personal injury is excluded. The customer must follow the instructions of the personnel on the Company premises; otherwise, any liability for negligently caused property damage and personal injury is excluded. At the handover location, the vehicle in custody together with the vehicle keys is handed over to the customer, and the customer confirms the proper return of the vehicle in a takeover confirmation. The customer is obliged to inspect the vehicle for any damage that did not exist when the vehicle was handed over to the Company. In the event of such “new” damage, this must be noted in the takeover confirmation and confirmed by the Company employee and the customer. If the customer signs this takeover confirmation without such a note, they thereby expressly confirm that the vehicle showed no “new” damage upon return. Upon completion of this process, the customer pays the agreed fee according to the Custody and Transport Contract signed in Point 5, in cash or by debit (ATM) or credit card. Payment can be made with the following cards: Visa, Mastercard, Maestro, Diners Club, V Pay.
The Custody Contract expressly does not include items located inside the vehicle unless the customer pointed out these items and their value before concluding the contract and these were declared in writing and by mutual agreement as part of the subject matter of the contract. All other items left in the vehicle are there at the customer’s risk. The Company is obliged to adequately insure the parking lot, the vehicles kept thereon, and the separately locked vehicle keys (Point 13) and to confirm the insurance coverage to the customer upon request.
The customer is obliged to hand over for custody only such vehicles that are fully functional, have a valid inspection sticker (Austrian “Pickerl”), and have received the service prescribed by the vehicle manufacturer. The customer is liable to the Company for damages caused by gross negligence resulting from a violation of the aforementioned provisions or, for example, leaking oil and/or coolant or other environmentally harmful emissions. The customer is liable for ensuring that their vehicle complies with all legal provisions and standards. In the event of the occurrence or risk of contamination caused by a customer’s vehicle, the Company is entitled to remove the vehicle from the parking lot at the customer’s expense and store it at a suitable location.
The subject contract is concluded for a fixed term and therefore ends upon expiration of time, mutual cancellation, extraordinary termination, or early recall of the vehicle by the customer. If an important reason exists in the sphere of one contracting party that makes it unreasonable for the other contracting party to continue the contractual relationship, this other contracting party is entitled to terminate the contractual relationship in writing with immediate effect. Such an important reason exists, for example, if the Company grossly violates its duties of care regarding the vehicle (customer’s right of termination) or if the customer’s vehicle endangers the environment through emissions (Company’s right of termination). The customer is entitled at any time to demand the early return of their vehicle kept by the Company. In this case, although the Custody Contract is terminated early, the customer must pay the originally agreed custody fee for the entire duration in full. Should the contract exceptionally be concluded for an indefinite period, it may be terminated by either contracting party at any time in writing without stating reasons.
The vehicle keys taken over by the Company are kept in a locked room. The entire parking lot is staffed around the clock by Company employees. The customer expressly acknowledges the aforementioned security measures, agrees to them, and confirms their adequacy. Furthermore, the customer expressly acknowledges that their vehicle is parked on the parking lot under the open sky and is therefore exposed to weather influences.
The Company is liable to the customer for damages to the vehicle caused by gross negligence resulting from a failure to exercise due care. Liability for slight negligence is excluded. For damages caused by third parties, the Company is also liable only in the event of its own gross fault. However, the Company is not liable for accidental damage or impairment of the vehicle, including force majeure. The customer is liable to the Company for damages caused by gross negligence, with liability for slight negligence being excluded. Furthermore, the customer must reimburse the Company for costs incurred to a reasonable extent for the maintenance of the vehicle in custody. In addition, the customer is obliged to proactively inform the Company about dangerous properties of the vehicle.
The Company has a right of retention on the vehicle regarding its claims against the customer. Therefore, if the customer does not pay the agreed fee upon return of the vehicle, the Company is entitled to retain the vehicle until payment of the fee, the hereby agreed default interest of 5% per annum, and payment of the custody fee accruing until full payment. Both contracting parties are obliged to assert their claims against the other contracting party in writing no later than 30 days after the return of the vehicle. For any “new damage” to the vehicle described in Point 8, the regulation there applies, according to which such damage must be recorded in the takeover confirmation. Legal enforcement of “new” damages recorded in the takeover confirmation, as well as claims asserted within this 30-day period, is possible within the limitation period of three years.
Unless the conclusion of the Custody and Transport Contract belongs to the operation of the customer’s business, the customer is a consumer within the meaning of the Consumer Protection Act (hereinafter referred to as “KSchG“). Such a customer is entitled to withdraw from the contract pursuant to § 3 and 3a KSchG. It is expressly stated that the customer initiated the business connection for the purpose of concluding the contract with the Company themselves, which is why the customer is not entitled to the right of withdrawal pursuant to § 3 KSchG. Notwithstanding this, such a customer may withdraw from the contract if circumstances crucial for their consent, which the Company presented as probable during the contract negotiations, do not occur or occur to a considerably lesser extent without their instigation. The customer may declare this withdrawal within one week from the time it became apparent to them that the aforementioned circumstances would not occur or would occur only to a considerably lesser extent and they received the withdrawal instruction contained in these GTC. If the customer withdraws from the contract, they must return all services received and pay the Company a reasonable fee for usage, including compensation for any associated reduction in the fair value of the service. If return is impossible or impracticable, the customer must compensate the value of the service insofar as it was of clear and predominant benefit to them. In the present case, the customer must pay the agreed custody fee accrued up to the time of withdrawal from the contract. Pursuant to § 5a KSchG, the Company is obliged to provide the customer with certain information before concluding the contract or before they are bound by a contractual declaration. With the content of these GTC and their transmission to the customer together with the reservation confirmation (Point 4), the Company fulfills this information obligation. Both contracting parties mutually state that the Custody and Transport Contract is not subject to the Distance and Off-Premises Contracts Act (FAGG).
By concluding the Custody and Transport Contract, the customer expressly agrees that the Company is entitled and obliged, in accordance with the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act, to collect, record, organize, and store the customer’s personal data (e.g., name, date of birth, address, telephone, email, and bank details), to adjust and modify them if necessary, to query them, and to transmit or make them available to third parties to the extent necessary. These third parties are, in particular, authorities, courts, tax offices, banks, tax advisors, and lawyers. The customer further agrees that video cameras may be installed in the parking lot and all events in the parking lot – including actions of the customer – may be recorded. The customer further agrees that the Company uses various cookies on its platform and website, such as Google Analytics, Google AdWords, Addthis, Google Maps, and various social plugins offered in social media. The purpose of data processing is to comply with legal requirements regarding data protection. The customer expressly agrees that personal data will be kept in accordance with applicable legal provisions and subsequently deleted. The customer acknowledges that they are entitled to revoke the express consent to data processing granted hereby at any time. Furthermore, the customer is entitled to obtain information about data processing, as well as to request correction, deletion, and/or restriction of data processing and data portability, or to lodge an objection against data processing. For any questions regarding data protection law, the Company or its Managing Director, Ms. Mariana Brabete, is available at any time.
There are no oral or written side agreements to this contract. Any changes, additions, or modifications hereto require the written form.
Should individual provisions of this Custody and Transport Contract be or become void or invalid, the remaining provisions of the contract shall not be affected thereby. The contracting parties shall replace the void or ineffective provision with one that comes as close as possible to the economic purpose of the void or invalid provision.
The subject Custody and Transport Contract is subject to Austrian law. For any legal disputes arising from or in connection with this contract, the jurisdiction of the court determined by statutory provisions is agreed upon.

Version: 21.10.2024