Overview Overview

• Special conditions of use for the APCOA FLOW APP (as of July 2018)
• General Terms and Conditions of Access and Use for APCOA FLOW (as at September 2019)
• Special terms of use for APCOA FLOW parking (as of October 2022)
• Special terms of use for the online booking system for pre-paid and parking flat-rate contracts (as at March 2025)

Provider
APCOA Deutschland GmbH
Air Freight Centre 605/6, Level 6
70629 Stuttgart
E-mail: service@apcoa.de

represented by the managing director: Katrin Teichert

Commercial register at Stuttgart Local Court, No. HRB 221831 Sales tax identification number: DE227818589 (according to § 27 a of the Sales Tax Act)

I. App description

The Software is a downloadable software application ("Software" or "App") with which you (hereinafter referred to as "User") can access APCOA Flow functions directly from your Android, iPhone, iPad or mobile device, provided that the hardware is supported by APCOA Flow and is compatible with the App. Which devices and software versions are compatible with the app can be found in the description of the app in the respective app store from which the app is downloaded and installed.

You can download the app regardless of whether you are using the APCOA Flow Service. However, to activate the full functionality of the app, you must set up and activate a free user account with APCOA Flow. APCOA's General Terms and Conditions of Access and Use apply to this.

After registration, the app provides access to digital services from APCOA Flow. These enable the authorised user to drive in and out of the car parks and parking spaces ("parking facilities") covered by APCOA Flow without contact, the automatic billing and payment of the associated parking processes and, if applicable, the use of other APCOA Flow services.

II End User Licence Agreement ("EULA")

End customer terms of use for the APCOA FLOW app

1. introduction

This End User Licence Agreement ("EULA") is a legally binding agreement between you as an individual or legal entity and APCOA Deutschland GmbH ("APCOA"). You agree to comply with the EULA terms and conditions when you download, install or use this app for Android, iOS or any other mobile platform. If you do not agree to the EULA, you should not tick the "I accept the terms" box and not use the app.

By installing or using the app, you declare that you have read and understood the EULA and that you will comply with it.

1.1 Contractual 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 contractual partner of the user for the app or its content.

1.2 User of the app and purpose of use

The user is the contractual partner for the use of this app either as a private individual or as a representative of the company at which he/she is employed. If the user concludes the agreement for use on behalf of his company without being authorised to do so, he himself is the contractual partner under this EULA.

This app may only be used by the following users and for the specified purposes: This app may be used by any authorised user for personal purposes for private or business purposes.

1.3 Function and purpose of the app

The function and purpose of the app are described in the app description.

1.4 Registration

In order to use the full functionality of the app, it is necessary to register a user account. For this purpose, the user must provide the data for the user account completely and correctly and keep it up to date at all times. Part II applies to the handling of this data.

1.5 Notice pursuant to Section 36 of the German Consumer Dispute Resolution Act (VSBG)

The following applies to customers from Germany: APCOA will not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

2Rights of use, use of data

2.1 Scope of rights of use

The lawful user is granted the time-limited, non-exclusive, non-sublicensable, non-transferable, revocable and royalty-free right to use the app in accordance with this EULA for private purposes only. Deviations and additions may result from the information and conditions for Free and Open Source Software ("FOSS") pursuant to Section 2.2 and for third-party content pursuant to Section 2.3.

2.2 Rights of use to FOSS

The App may contain components of Free and Open Source Software ("FOSS"). The INFORMATION AND CONDITIONS FOR FOSS apply with priority.

2.3 Third-party content

The app may contain or use components (software or content) from third parties. The INFORMATION AND TERMS AND CONDITIONS FOR THIRD-PARTY CONTENT apply with priority. Insofar as rights to this third-party content are granted directly by third parties, the user concludes a contract with the respective third party in accordance with the corresponding conditions by agreeing to this EULA. In the event of a breach, the third party may assert claims against the user.

2.4 Termination of the rights of use

The granting of the rights of use is subject to the condition subsequent of compliance with this EULA. If the user breaches this EULA, the rights of use to the app, including its content, shall automatically lapse.

Irrespective of this, the publisher and provider of the app may terminate the rights of use at any time by unilateral declaration with immediate effect.

2.5 Breach

In addition to the lapse of the rights of use, a breach of this EULA may have further legal consequences for users, for example due to unlawful use of the app and its content. This also includes the cessation of further use and claims for damages.

2.6 Data protection

APCOA protects the customer's personal data and uses it only insofar as this is permitted by law or the customer has consented to its use; the customer can find more detailed information on this in the privacy policy, which can be accessed via the app. The customer grants APCOA the non-exclusive, 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).

3User obligations

3.1 Confidentiality

The user may only use the content of the app privately and may not make it accessible to the public, for example in social networks or in any other way.

3.2 Obligation to report defects

The user shall immediately report any malfunctions in the use of the app to the contact point specified under Customer Support.

3.3 Lawful use

The user is obliged to use the app only lawfully in accordance with this EULA and in compliance with applicable law. The user is responsible for this.

4. Prohibitions

4.1 Prohibition of transfer and exploitation

It is not permitted to transfer, publish, licence, 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 Prohibition of modification

It is not permitted to modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the app. Legal rights remain unaffected, in particular the user's right to decompile the app in order to obtain the information required to establish its interoperability with other programmes, unless the provider makes this information available to the user on reasonable terms.

5. impact on software or websites of the publisher or third parties

Any use of the app that has a negative impact on the app itself or websites associated with it or on software accessed through the app is prohibited.

6Warranty

6.1 Free provision and exclusion of warranty rights

(a)Services

The app is available free of charge in a basic version. Its range of functions can be viewed in the app store through which the app was downloaded and installed and can be expanded or reduced by the provider at any time. In particular, there is no legal entitlement to certain functions that were still available in an earlier version, unless this function was purchased.

(b)Prices

The app can be expanded with additional functions for a fee through in-app purchases. The current price and subscription models are included in the app itself, in the app store and before the order is placed. All prices quoted include the applicable value added tax.

6.2 Exclusion of warranty rights

IF THE APP IS PROVIDED FREE OF CHARGE, THIS IS ON AN "AS IS" BASIS. IN PARTICULAR, NO WARRANTY OF AVAILABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE. WARRANTY RIGHTS ARE EXCLUDED, EXCEPT IN CASES OF INTENT OR GROSS NEGLIGENCE ON THE PART OF THE PUBLISHER OR PROVIDER OF THE APP. THIS ALSO APPLIES TO ANY SUPPORT.

6.3 accuracy of information

THE PUBLISHER ASSUMES NO RESPONSIBILITY FOR COMPLETENESS AND ACCURACY. REPRESENTATIONS OF SERVICES, PRODUCTS, PRICES AND OTHER PERFORMANCES ARE MADE WITHOUT WARRANTY OF ACCURACY AND DO NOT CONSTITUTE AN OFFER TO ENTER INTO A CONTRACT OR A COMMITMENT TO ENTER INTO A CONTRACT.

6.4 Scope of the warranty provisions

THE PUBLISHER'S AND PROVIDER'S WARRANTY IS EXCLUDED AND LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Mandatory statutory rights of the user remain unaffected.

7Liability

7.1 Scope of liability

APCOA shall only be liable - irrespective of the legal grounds - within the scope of the statutory provisions in accordance with Section 7.1 and the following Sections 7.2 and 7.3.

APCOA is liable without limitation for damages resulting from injury to life, body or health as well as for damages caused by intent or gross negligence on the part of APCOA or one of its legal representatives or vicarious agents, as well as for damages due to non-compliance with a guarantee or warranted characteristic given by APCOA or due to fraudulently concealed defects.

APCOA's liability is limited to compensation for foreseeable damages typical for this type of contract for damages resulting from a slightly negligent breach of material contractual obligations by APCOA or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.

7.2 Indemnification

If a claim is made against the publisher or the provider of the app by a third party due to a breach of this EULA by the user, the user indemnifies the publisher and the provider against all claims and costs that arise directly or indirectly as a result, including reasonable costs for defence by a lawyer. This does not apply if the user is not responsible for an infringement. The Publisher reserves the right to assume the defence against such claims itself.

7.3 Scope of the liability provisions

THE LIABILITY OF THE PUBLISHER AND PROVIDER IS EXCLUDED AND LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Mandatory statutory rights of the user, in particular liability under the Product Liability Act, remain unaffected.

8. Additional Terms Apple

8.1 These Terms of Use are agreed exclusively between the user and APCOA and not with Apple. Apple assumes no 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 owned or operated by the user and to the extent permitted by the App Store Terms of Use.

8.3 Apple has no obligation of any kind to provide maintenance and support services with respect to this Application.

8.4 Apple assumes no responsibility for the investigation, defence, settlement or discharge of any claim of infringement of intellectual property rights of any third party.

8.5 Apple shall have no obligation to respond to any claim by you or any third party relating to the App or your ownership and/or use of this Application. This includes, but is not limited to, the following claims:
(a) product liability claims;
(b) claims alleging that the App violates applicable legal or regulatory requirements; and
(c) claims under 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 have the right (and are deemed to have accepted the right) to enforce these Terms of Use against the User upon your acceptance of the Agreement.



9. Final provisions

9.1 Subject to change

APCOA reserves the right to amend this EULA as necessary. APCOA shall inform the user of any significant changes to the EULA. Amendments shall take effect automatically 30 days after this notification. If a user does not agree with a change, they must uninstall the app and no longer use it. By continuing to use the app, the user declares their consent to 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

All disputes in connection with this EULA shall be governed exclusively by the laws of the Federal Republic of Germany, excluding all conflict of laws provisions that refer to another legal system, regardless of the legal grounds. The application of U.N. sales law is excluded.

9.4 Place of jurisdiction

Place of fulfilment is Stuttgart. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is also Stuttgart.

APCOA FLOW refers to the IT-based parking services and other services ("APCOA FLOW Services") described below, which are offered by APCOA Deutschland GmbH, Luftfrachtzentrum 605/6, Ebene 6, 70629 Stuttgart, entered in the Commercial Register of Stuttgart Local Court under HRB 221831 ("APCOA") for registered persons.

The access service offered by APCOA via the APCOA FLOW app allows you 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 ("GTCU") govern the contractual relationship regarding 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").

I. Scope of application, amendment and supplementation of these GTC, definitions

1. the use of APCOA FLOW Services is intended exclusively for customers with residence or habitual abode or place of business within the European Union and in particular not for customers from or in the United States of America. The APCOA FLOW services are only available for or at 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 the event of changes to the legal framework (in particular changes in legislation or case law) or similarly serious and compelling changes in circumstances in a manner that is reasonable for the customer and only with effect for the future.


APCOA is then obliged to notify the customer of the amended or supplemented GTC and to clearly emphasise the amendments or supplements. If the customer does not agree with the amendments or additions, they may object within a period of six weeks after receipt of the notification of amendment. If no objection is made within this period, the amendments or additions are deemed to have been approved. APCOA will make special reference to the right of objection, the significance of the behaviour 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 to the main contractual obligations of the parties.

3.the following terms used in these General Terms and Conditions have the following meaning:

a)Authorised user is a natural person who has a user account and uses the APCOA FLOW services in accordance with and within the scope of these GT&Cs.

b)User account is the access authorisation to the restricted APCOA FLOW services. The user account contains information about the authorised user and their 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 APCOA FLOW internet presence, accessible at https://apcoa.de/flow.


d)APCOA FLOW app is the software application for installation on a mobile device via which the customer can register as an APCOA FLOW user and use the APCOA FLOW services.

II APCOA FLOW Services

1. the APCOA FLOW services for APCOA FLOW customers include contactless entry and exit to and from car parks, parking garages and parking spaces equipped for APCOA FLOW ("parking facilities") as well as automatic billing and payment for the associated parking processes; in addition, APCOA FLOW may include further IT-based services from APCOA (collectively: "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 their mobile device. The further development of APCOA FLOW services and information technology occasionally requires the adaptation and further development of the relevant services to new technical possibilities and changes in user behaviour. In this context, APCOA reserves the right to further develop the APCOA FLOW services technically and to adapt their functional scope.

4 APCOA shall take all reasonable measures to ensure the continuous availability of the APCOA FLOW service and to restore it immediately in the event of disruptions. Unavoidable temporary disruptions or a reduction in the performance (speed) of the APCOA FLOW services may nevertheless occur due to force majeure (e.g. armed conflicts, storms, industrial action) or due to the performance of necessary maintenance, repair or other measures on the technical facilities of APCOA or on the technical facilities of third parties that provide data, content, information or transmission capacities for the APCOA FLOW parking services. In addition, intensive simultaneous use of the APCOA FLOW services by many customers can lead to an impairment of the performance (speed) of the APCOA FLOW services.

5.in the event of technical faults in the APCOA FLOW services or other problems experienced by the customer when using the APCOA FLOW parking services, the customer can contact APCOA's customer service (section VII).

III Registration via access service, user accounts, conclusion and conditions of the contract of use

1) In order to use the APCOA FLOW services, the customer must open a single user account ("registration") via the access service on 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 an existing user account of the customer with a social network (see section 3).

2 The customer can set up a special user account for APCOA FLOW for registration. The following applies:

a)The creation of a user account requires the provision of the following personal information

-First and last name of the user and

-Email address.

It is the customer's responsibility to ensure that this information is correct. If the personal information changes, the customer must update the details immediately via their user account.

b)To protect the user account, the customer should select a password that fulfils the following requirements:

-Minimum length of 6 characters

-fulfils at least 3 of the following requirements:

-contains capital 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 the password secret. For security reasons and to prevent misuse, customers are advised to change their password regularly.

It is possible to change the password at any time via the user account settings. The customer is responsible for the secure handling of his password. APCOA accepts no liability for the consequences of non-compliance with the above password rules.

When using the APCOA FLOW service, it is strongly recommended that the end devices are protected against misuse by third parties using the measures available for the end devices (e.g. device password, graphic pattern, etc.).

c)The user name corresponds to the e-mail address provided by the customer during registration. The customer shall receive all information required to use the user account at this e-mail address. The customer has the option of entering a different
e-mail address as the user name at any time via the user account settings.

e-mail address as the user name. The customer must ensure that the information provided is truthful and complete. As APCOA communicates with the customer by e-mail, among other means, the customer must have a valid e-mail address and access to the corresponding e-mail account.

3 The access service can offer the customer the option of using an existing user account with a social network for registration and login. When registering, the customer's data from a social network can 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 from their profile in the social network. The access service takes from the social network the data displayed in the registration window and the customer's identification number in the social network. After registration, the customer can simplify the registration process by using the corresponding button of the respective social network. If the customer is already registered with the social network in this case, the authentication information of the social network is adopted and no further action by the customer is required. Note: When using the registration or login function via a social network, the operator of the social network can see that the customer has registered with APCOA FLOW and individual login processes can also be tracked. Further information on this can be found in the data protection conditions of the respective social network. APCOA assumes no responsibility for the functionalities and any data analyses of these third-party providers.

4 The access service may offer the customer the option of allowing individual third-party providers access to individual websites and available applications - if available - assigned to their user account and connected to this service. If the customer sets this up, APCOA will transmit an authentication feature to the third-party provider, which the customer can revoke at any time. In addition to the setup, it may be necessary for the customer to agree to separate terms of use on the websites or applications requested by him and connected to this service.

5 The customer can delete the user account at any time. In order to successfully delete the user account, the customer must ensure that they have previously logged out of the APCOA FLOW app. After deletion, personalised use of the connected websites and applications of APCOA FLOW is no longer possible.

In the event of inactivity for more than 24 months, APCOA is authorised to delete the user account. The customer will be notified by email at least one month before the account is deleted.

6 By clicking on the "Register" button and confirming the General Terms and Conditions of Access and Use as well as APCOA's Privacy Policy, a user contract is concluded between APCOA and the customer, enabling the customer to access the APCOA FLOW services offered by APCOA.

Effective contracts with APCOA can only be entered into by persons of legal age. The contract is non-transferable.

7 Full access to these services via the APCOA FLOW app requires prior verification of the user account. For this purpose, APCOA will send an e-mail to the e-mail address provided by the user in the user account immediately after registration. Once the verification of the user account has been successfully completed, access to the APCOA FLOW services within the app will be activated.

IV. Responsibility of APCOA, liability

1.APCOA is not responsible for damage caused by improper use of the APCOA FLOW services and the APCOA FLOW app. This applies in particular if the driver of the vehicle is distracted from the traffic situation by the use of the APCOA FLOW service or the APCOA FLOW app while driving and this leads to accidents.

APCOA expressly points out that the use of electronic devices that are required for the use of APCOA FLOW may only be used in accordance with the German Road Traffic Regulations (StVO) when driving a vehicle.

2.APCOA is not responsible for damage caused by the customer choosing an inappropriate password for the user account or failing to keep the password safe, or for damage caused by a third party to whom the customer has given access to the APCOA FLOW services.

3.APCOA is not responsible for breaches of data protection law by the customer or by third parties to whom the customer has granted access to the APCOA FLOW Services.

4.the customer is aware that the ability to use the APCOA FLOW services, such as Internet use and the ability to receive SMS, push or e-mail notifications and the receipt of a GPS location, is dependent on the functioning of the mobile phone, the (mobile) networks and other third-party services. APCOA is not responsible for any damage caused by the inadequate functioning or complete failure of the mobile phone or the networks or services of third parties, such as the non-receipt (in good time) of an SMS, push or e-mail notification. 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 closures, strikes, exclusion, DoS attacks (Denial of Service attacks), DdoS attacks (Distributed Denial of Service attacks), operational disruptions, stagnation in supply, fire, flooding, in which APCOA is prevented from providing the services so that APCOA cannot reasonably be expected to fulfil the contract, APCOA's obligation to perform shall lapse.

6.APCOA is otherwise liable in accordance with the following provisions:

a)If APCOA is liable under statutory provisions for damage caused by slight negligence, APCOA's liability is limited. In this case, liability exists only in the event of a breach of material contractual obligations. This liability is also limited to the typical damage foreseeable at the time the contract was concluded.

b)The personal liability of APCOA's legal representatives, vicarious agents and employees for damages caused by them through slight negligence is excluded. The limitation of liability provided for APCOA in this section applies accordingly to damage caused by gross negligence on their part, with the exception of legal representatives and executive employees.

c)The limitations of liability in this section do not apply in the event of injury to life, limb or health. Irrespective of any fault on the part of APCOA, any liability for fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.

V. Cancellation

1.this contract of use can be cancelled by the customer at any time by means of a declaration in text form to APCOA with effect from the end of the month.

2.APCOA may terminate this licence agreement by giving one month's notice to the customer; it is not necessary to observe a specific termination date.

APCOA is also entitled to terminate this licence agreement for good cause. Good cause exists in particular in the event of

-abuse or manipulation of the APCOA FLOW services (e.g. use of the APCOA FLOW access medium in breach of contract),

default of payment by the customer,

breach of statutory or regulatory provisions,

breach of material contractual obligations.

Extraordinary termination by APCOA is permissible in the aforementioned cases after the unsuccessful expiry of a reasonable period of time set for remedial action or after an unsuccessful warning, which must be sent to the customer in text form (§ 126 b BGB, e.g. e-mail, fax).

VI.Blocking of the APCOA FLOW user account

1.after termination of the contract, APCOA is authorised to immediately block the user account.

2.furthermore, APCOA reserves the right to block the user account if APCOA is entitled to terminate the contract for good cause and/or if unusual transactions by the customer give rise to suspicion of a criminal offence or other misuse.

VII.Customer service

For APCOA FLOW services, APCOA provides the customer with APCOA FLOW customer service by telephone at its own discretion. The telephone number for APCOA FLOW customer service and the availability times can be found in the APCOA FLOW app or on the APCOA FLOW website. For a call to APCOA FLOW customer service, only the call charges of the telecommunications service provider apply.
VIII. Data protection

1 APCOA collects customer data in order to implement the contractual relationship. In doing so, the legal provisions of the General Data Protection Regulation and the country-specific data protection regulations applicable to APCOA are observed.

APCOA protects the customer's personal data and only uses it insofar as this is permitted by law or the customer has consented to its use; more detailed information on this can be found in the privacy policy, which can be accessed via the APCOA FLOW app and the APCOA FLOW website.

2.the customer grants APCOA the non-exclusive, 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 is the exclusive place of jurisdiction for all claims arising from or in connection with the 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 authorised 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 the APCOA FLOW services, the app and these terms of use shall be governed exclusively by the law 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 the contract is concluded shall apply.

X. Severability clause

Should any of the above terms of use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by such provisions that come closest to the economic purpose of the contract while reasonably safeguarding the interests of both parties.

XI. Dispute resolution

APCOA is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

A. Subject matter of the contract and contracting parties

I. APCOA Deutschland GmbH, Luftfrachtzentrum 605/6, 70629 Stuttgart, Germany, registered in the Commercial Register of Stuttgart Local Court under HRB 221831 ("APCOA") offers a parking service via the APCOA FLOW app and the APCOA FLOW website, which enables registered APCOA FLOW customers to use an APCOA FLOW access medium (e.g. APCOA FLOW chip, vehicle licence plate) to enter and exit car parks, parking garages and parking spaces ("APCOA FLOW") without contact.APCOA FLOW chip, vehicle licence plate) to enter and exit the car parks, parking garages and parking spaces ("parking facilities") covered by APCOA FLOW. Cashless billing and payment for the associated parking processes is carried out automatically via the customer's user account (hereinafter collectively referred to as "APCOA FLOW car park 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 can also use the vehicle licence plate number as an access medium in the parking facilities technically equipped for this purpose and designated as such by APCOA, provided that he has booked this service (hereinafter referred to as "vehicle licence plate recognition") in the APCOA FLOW app.

II The prerequisite for using 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. a further 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 licence plate number to be used for entering and exiting the parking facility (APCOA FLOW chip and vehicle licence plate number hereinafter also referred to individually as "APCOA FLOW access medium") 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 service are subject to the following Special Terms and Conditions of Use for the APCOA FLOW parking service (hereinafter referred to as "APCOA FLOW Parking Termsand Conditions"), which the customer recognises as legally binding.

V. The rental of parking spaces in a car park is not the subject of these APCOA FLOW Parking Terms and Conditions, but of a separate rental agreement, which is concluded by entering a car park. The content of the rental agreement is governed by the General Terms and Conditions of Parking ("GTCP") and price list ("Tariff Overview") displayed on site at the time of entry, unless otherwise agreed in these APCOA FLOW Car Park GTCP.
Registration for the APCOA FLOW parking service does not constitute a claim to the conclusion of a rental contract for a parking space.
If the customer uses an APCOA FLOW access medium to enter and exit a parking facility, the billing for this parking process is carried out in accordance with the following provisions (see D.III below).

B. General terms and conditions

I. Conclusion of contract:

1. The provision of the booking system of the APCOA FLOW app 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 a contract for the provision and use of the APCOA FLOW access media and the use of the APCOA FLOW parking service in accordance with the following terms of use.
   By clicking on the "Confirm order" button, the customer submits a binding offer to conclude a contract for the provision and use of the APCOA FLOW access media and the use of the APCOA FLOW parking service.
2. The customer must enter the mandatory information (address and payment details) required for the conclusion of the contract in the input screen provided for the booking process in the APCOA FLOW app. This process is non-binding and does not constitute a contract offer.
   All customer entries are visible at a glance immediately before the offer is submitted and can be checked and corrected if necessary.
   Once the customer has entered all the required mandatory information, they must accept these APCOA FLOW Parking Terms and Conditions and APCOA FLOW's Privacy Policy by ticking the relevant box. At the end of the order process, the customer clicks on the "Confirm order" button. By doing so, the customer submits a binding offer to conclude a contract for the free delivery and use of the APCOA FLOW access medium.
3. Acceptance by APCOA is made either by express declaration in the app, by e-mail or by sending the APCOA FLOW chip. There is no entitlement to conclusion of the contract. APCOA is entitled to refuse acceptance without giving reasons.
4. If the customer wishes to use the vehicle licence plate recognition in the APCOA FLOW parking facilities equipped for this purpose, he/she must enter the vehicle licence plate number in the APCOA FLOW app. The customer may only deposit the number plates of vehicles in the APCOA FLOW app that they are authorised to use and deposit. Authorisation exists if the customer i) is registered as the owner of the registered vehicle or ii) has been authorised by the registered owner of the registered vehicle to use the vehicle and to deposit the licence plate number in the APCOA FLOW App. APCOA is entitled, but not obliged, to verify this authorisation. The vehicle registration number is mandatory for the use of the vehicle registration number. In addition to this mandatory data, the customer can voluntarily enter additional information about the manufacturer and/or brand of their vehicle in the APCOA FLOW app ("voluntary data"). In order to activate the licence plate number for the use of the APCOA FLOW parking service, the customer must confirm that they are authorised to enter the licence plate number by ticking the relevant box. By activating the licence plate number, the customer confirms that they have taken note of and understood this information on licence plate registration. If he is not the owner of the vehicle whose licence plate number he has entered, the customer confirms that he has informed the owner and that he agrees to the collection, processing and use of his licence plate number.

II Conditions for the conclusion of the contract

1. Commercial use of the APCOA FLOW parking service as a fleet solution is only permitted by separate agreement with APCOA.
2. Effective contracts with APCOA can only be entered into by persons of legal age. The contract 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 correctly or on time (congruent covering transaction). The prerequisite is that APCOA is not responsible for the unavailability of the goods and that you were informed of this circumstance immediately. In addition, APCOA must not have assumed the risk of procuring the APCOA FLOW chip ordered. If the APCOA FLOW Chip is not available, APCOA will immediately reimburse the customer for any payments already made. APCOA does not assume the risk of having to procure an ordered APCOA FLOW chip (procurement risk). This also applies to orders for APCOA FLOW chips that are only described in terms of their 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 the event of theft or loss
   In the event of theft or other loss or if the customer is responsible for the functional impairment (in particular the digital readability) of the APCOA FLOW chip belonging to him, APCOA will not provide any replacement. However, the customer can purchase a replacement medium from APCOA for a fee.

II Licence plate recognition

1. A prerequisite for using the APCOA FLOW parking service by means of vehicle number plate recognition is that the authorised customer has entered the number plate of the vehicle he/she is authorised to use in his/her user account as part of his/her registration for the APCOA FLOW parking service.
2. The customer has the option of storing several licence plates in their user account in the APCOA FLOW app as an access medium for the APCOA FLOW parking service.
3. It is possible to change the licence plate number stored, e.g. when changing vehicles, or to add further licence plates at any time within the APCOA FLOW app.
4. The APCOA FLOW parking service can only be used by means of licence plate recognition in APCOA parking facilities that are technically equipped for this purpose. The corresponding car parks are designated by APCOA.
5. The licence plate number is recorded by cameras when the vehicle enters and exits the respective parking facility. The customer must ensure that the vehicle's licence plate number is designed and affixed in accordance with the statutory provisions, is not dirty and is clearly legible when entering and exiting the car park.
6. In the event of a malfunction of the vehicle number plate recognition system or in the event that a vehicle number plate is not legible, 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 of use for the use of APCOA FLOW access media

I. Scope of services of APCOA FLOW

1. APCOA allows the APCOA FLOW customer to use the APCOA FLOW access media for contactless entry and exit to the APCOA FLOW parking facilities identified in the APCOA FLOW app and on the APCOA FLOW website
   The use of the APCOA FLOW parking service is subject to a charge. All services used by APCOA FLOW customers are charged to their user account. Payment of the charges incurred is made as regulated in more detail under D.III.
2. An overview of the car park 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 equip or keep certain car parks or a certain number of car parks permanently available for the APCOA FLOW parking service. No parking spaces are reserved for APCOA FLOW customers in the car parks. APCOA does not guarantee that parking spaces will be available for APCOA FLOW customers in the car parks.
3. APCOA provides the customer with a telephone APCOA FLOW customer service for the APCOA FLOW car park service. The telephone number for APCOA FLOW customer service and the availability times can be found in the APCOA FLOW app or on the APCOA FLOW website. For a call to APCOA FLOW customer service, only the call charges of the telecommunications service provider apply.

II Other obligations of the customer

1. If the customer uses the APCOA FLOW access medium to enter an APCOA FLOW car park, the customer may not purchase a parking ticket at the same time; otherwise double parking charges may be incurred.
   However, the customer is free not to use APCOA FLOW at any time; APCOA recommends this if the customer wishes to take advantage of special and flat-rate tariffs 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 actions taken using his APCOA FLOW access medium, his e-mail address and/or his password as if they were his own. APCOA's records in this regard are recognised by the parties as presumably correct, complete and conclusive. The access medium (APCOA FLOW chip or vehicle licence plate) may not be made available to third parties for use. In the case of the use of vehicle licence plates, the user must either be the licence plate holder or have the right of disposal over the deposited vehicle licence plates.
3. The customer is obliged to inform APCOA immediately of any changes to personal data (in particular residential or business address, e-mail address, payment details, vehicle licence plate number) or to make the corresponding changes in their user account. If the customer does not fulfil his obligation to provide information, APCOA is entitled to charge the customer for the corresponding additional expenses as well as any additional costs for registration information, information from the registration file and/or a return debit note.
4. The APCOA FLOW chip must be attached or 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 being lost or misused. The customer is also obliged to immediately report any unauthorised use or loss of the APCOA FLOW Chip, e.g. loss, theft or possession by an unauthorised person, to APCOA using the following contact details so that it can be blocked: flow@apcoa.de or telephone 0711/30570305
   This also applies in the event of suspicion. Any theft or misuse must be reported to the police immediately; the customer is obliged to provide APCOA with a copy of the report.
   The customer is no longer liable for any misuse of the APCOA FLOW Chip from 30 minutes after the time of reporting. The customer is only liable for misuse before this time if he has contributed to the misuse by culpably breaching his obligations, e.g. the obligation to store the APCOA FLOW Chip carefully.
5. If the APCOA FLOW chip malfunctions or is destroyed, or if the customer excludes further use, the customer is obliged to notify APCOA immediately.
6. The customer bears sole responsibility for the proper payment of fees incurred to APCOA. In particular, it must be ensured that the deposited payment terms are valid and covered in the appropriate amount or that a sufficiently large credit line has been granted.

III Payment of the parking space rent when using the APCOA FLOW parking service

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 enters the car park (see A.V above).
2. Payment of the parking charges levied by APCOA can be made using the payment method displayed during the registration process and the payment method selected by the customer.
3. The following payment methods are generally available to the customer.
   a) Credit card: When paying by credit card, the customer's account is debited after each parking transaction in accordance with the agreements between the credit card provider and the customer. In the event that the credit card charge is rejected, the customer undertakes to pay the outstanding parking charges plus any costs incurred within 10 days. These costs include, among other things, the costs incurred due to the cancellation of the credit card debit.
   b) Direct debit (SEPA direct debit): If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. The direct debit will be collected after each parking process, but not before the deadline for the pre-notification has expired. Pre-notification is any communication (e.g. invoice) from APCOA to the customer announcing a debit by SEPA direct debit, stating the creditor ID and mandate reference. Our creditor identification number is: DE34ZZZ00000566807. The deadline for this advance notice until the account is debited is two bank working days. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank's chargeback if he is responsible for this. APCOA may demand written confirmation of the direct debit mandate from the customer, if required for formal reasons.
   Note: The customer may demand reimbursement of the debited amount within 8 weeks of the debit date. The conditions agreed with your bank apply. Please note that the amount due remains due even in the event of a returned direct debit.
   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 text form (§ 126 b BGB, e.g. e-mail, fax).
   c) PayPal: The customer is redirected to the website of the online provider PayPal during the registration process. In order to be able to use this payment method, the customer must be registered with PayPal, legitimise themselves with their access data and confirm the payment instruction to APCOA. The PayPal account is debited immediately after each parking process. Further information on this can be found at www.paypal.com.
4. The customer receives a transaction-based invoice for the completed parking processes.
5. The invoice will be sent to the customer via email to the email address provided in the user account.
6. Any special or flat-rate tariffs or discounts for certain tenants (e.g. retailer-related discounts) do not apply when using APCOA FLOW. Instead, when using APCOA FLOW, the amount of the rent is calculated solely on the basis of the actual length of stay between entry and exit (rental period) and according to the tariffs that apply for general public traffic in the respective car park.
7. If the customer uses the APCOA FLOW access medium to enter a parking facility, there is no need to take a parking ticket and pay the parking fee owed by the customer at the cash desk.
   However, if the customer takes a ticket at the barrier system when entering the parking facility contrary to these terms of use, billing on the basis of this APCOA FLOW usage contract is not possible and the parking fee must be paid by the customer at the automatic pay station located in the parking facility or to the authorised cashier.
8. If a defect occurs in the APCOA FLOW chip during the parking period or the vehicle licence plate recognition does not work, the customer can contact the APCOA parking control centre via an intercom system at the exit. After comparing the identification number of the APCOA FLOW chip or the vehicle licence plate number and validation by means of selective customer data, the exit is then enabled manually.

IV. offsetting/right of retention
The customer is only entitled to offset if the counterclaim has been legally established, is not disputed or recognised 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 text form of any offsetting or exercise of a right of retention.

V. Blocking of the APCOA FLOW access medium

1. If the customer defaults on payment, APCOA is authorised to block the APCOA FLOW access media deposited for the customer's user account until the outstanding amounts have been paid in full.
2. After termination of the contract, APCOA is authorised to block the APCOA FLOW access media deposited for the user account.
3. Furthermore, APCOA reserves the right to block the access media deposited for the user account if APCOA is entitled to terminate the contract for good cause and/or if unusual transactions give rise to suspicion of a criminal offence or other misuse.

VI Responsibility of APCOA, liability

1. APCOA is not 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 by the use of the APCOA FLOW parking service or the APCOA FLOW app during the journey and this leads to accidents.
2. APCOA is not responsible for damage caused by the customer choosing an unsuitable password for the user account or failing to keep the password safe or for damage caused by a third party to whom the customer has given access to the APCOA FLOW parking services.
3. APCOA is not responsible for breaches of data protection law by the customer or by third parties to whom the customer has granted access to the APCOA FLOW parking service.
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 car park, Internet use and the possibility of receiving SMS, push and e-mail notifications, as well as the possibility of using the APCOA FLOW parking service, is subject to data protection regulations. e-mail notifications and the receipt of a GPS location are dependent on the functioning 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 can contact APCOA's central control centre via the intercom system at the entrance or exit of the parking facility, which will endeavour to resolve the problem immediately. If it is not possible to rectify the problem and the customer still wishes to enter the car park, he/she must take a ticket on entry and pay the parking fee at the pay machine or to the authorised APCOA cashier before leaving.
5. APCOA is not responsible for damage caused by the inadequate functioning or complete failure of the mobile phone or the networks or services of third parties, such as the non-receipt (in good time) of an SMS, push or e-mail notification. 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 closures, strikes, exclusion, DoS attacks (Denial of Service attacks), DdoS attacks (Distributed Denial of Service attacks), operational disruptions, stagnation of supplies, fire, flooding, where APCOA is prevented from providing the services so that APCOA cannot reasonably be expected to fulfil the contract, APCOA's obligation to perform shall lapse.
7. Otherwise, APCOA is liable in accordance with the following provisions:
   a) If APCOA is liable under statutory provisions for damage caused by slight negligence, APCOA's liability is limited. In this case, liability exists only in the event of a breach of material contractual obligations. This liability is also limited to the typical damage foreseeable at the time the contract was concluded.
   b) The personal liability of APCOA's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. The limitation of liability provided for APCOA in this section shall apply accordingly to damage caused by gross negligence on their part, with the exception of legal representatives and executive employees.
   c) The limitations of liability in this section shall not apply in the event of injury to life, limb or health. Irrespective of any fault on the part of APCOA, any liability for fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.

VII Contract duration and cancellation, blocking of access media, outstanding fees

1. The contract of use is concluded for an indefinite period.
2. Cancellation can be made by either party at any time without giving reasons by giving four weeks' notice to the end of the month in text form (by fax, post or e-mail). Cancellation must always include the relevant customer number. Cancellation by telephone will not be recognised.
3. The right to extraordinary cancellation for good cause remains unaffected on both sides. APCOA is entitled to terminate the contract without notice in particular in the event of violations of the house and usage regulations of the car parks / parking spaces, incorrect information about the customer's financial circumstances, insufficient coverage of the payment terms or jeopardising the fulfilment of the customer's payment obligation or non-fulfilment, card misuse. In this case, the outstanding car park charges at that time shall become due for payment immediately.
4. After termination of the contract, the access media deposited for the user account will be blocked.
5. If parking fees are still outstanding on the customer account at the end of this contract 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 balance received expires upon cancellation 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 is the exclusive place of jurisdiction for all claims arising from or in connection with APCOA FLOW Park 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 authorised 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 the APCOA FLOW Park Services, the app and these Terms 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 the contract is concluded shall apply.

II. Amendment and supplementation of these General Terms and Conditions
APCOA reserves the right to amend or supplement these Special Terms and Conditions of Use in the event of changes to the legal framework (in particular changes to legislation or case law) or similarly serious and compelling changes to circumstances in a manner that is reasonable for the customer and only with effect for the future. APCOA is obliged to notify the customer of the amended or supplemented GTC and to clearly emphasise the corresponding amendments or supplements.
If the customer does not agree with the amendments or supplements, he may object within a period of six weeks after receipt of the notification. If no objection is made within this period, the amendments or additions shall be deemed approved. In the aforementioned notification, APCOA will draw particular attention to the right of objection, the significance of the behaviour and the resulting legal consequences in the notification.
The amendment mechanism described above does not apply to amendments to the parties' main contractual obligations.

III. severability clause
Should individual provisions of the above Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions that come closest to the economic purpose of the contract while reasonably safeguarding the interests of both parties.

IV. dispute resolution
APCOA is neither willing nor obliged to participate in dispute resolution proceedings 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. you are making the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of cancellation in accordance with the following provisions.

Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which the goods are handed over to you or a third party nominated by you.
To exercise your right of cancellation, you must inform us (APCOA Deutschland GmbH, Luftfrachtzentrum 605/6, 70629 Stuttgart, phone: +49 711 94791 - 0, fax: +49 711 94791 - 758, e-mail: customerservice@apcoaflow.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model cancellation form, but this is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation
If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).

• To APCOA Deutschland GmbH, Air Freight Centre 605/6, 70629 Stuttgart, Fax: +49 711 94791 - 758, E-Mail: customerservice@apcoaflow.com:
• I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only for notification on paper)
• Date(s)

A. Contractual conditions for the use of the online booking system for pre-paid and parking flat rate contracts

I. The online booking system allows the customer to book various APCOA-FLOW products such as a pre-paid rate or a parking flat rate. The provision of the online booking system does not constitute a legally binding offer by APCOA Deutschland GmbH (APCOA), but merely a non-binding invitation to the customer to make a binding offer to conclude a pre-paid tariff contract (see B. below) or to conclude a car parking contract.) or to conclude a car parking space rental contract in the form of a parking flat (see C. below).

II. The customer must enter the mandatory information required for the conclusion of the contract (address data, vehicle registration number, telephone number, payment data) in the input mask provided for the booking process on the APCOA website. This process is non-binding and does not constitute a contractual offer by the customer.
All customer entries are visible at a glance immediately before the offer is submitted and can be checked and corrected if necessary.
At the end of the order process, the customer clicks on the "Place binding order now" button. By doing so, the customer submits a binding offer to conclude a pre-paid tariff or parking flat contract.

III. APCOA is entitled to accept this offer within 2 weeks by sending a contract confirmation.

B. Terms and conditions for pre-paid tariff contracts

I.Subject matter of pre-paid tariff contracts
1. Upon conclusion of a pre-paid tariff contract, a certain inclusive volume (in hours / minutes of parking time) is credited to the customer's APCOA-FLOW user account on a monthly basis against advance payment of the agreed price. The inclusive volume can be used by the customer within one month of the start of the contract in the car park specified in the product description. The start of the pre-paid tariff contract can be freely selected. The vehicle can only be brought into or driven out of the car park during the opening hours displayed on site or otherwise announced, unless other parking times have been agreed.
2. It is the customer's responsibility to use up their monthly inclusive volume in full. Any remaining volume at the end of the month shall not be carried over to the following month or any other later period, but shall expire without compensation. This also applies in the event of an automatic extension in accordance with Section I.4 below.
3. If the customer has fully used up their inclusive volume, the parking fee for any further use of the parking facility is determined (i) by the additional length of stay and (ii) by the short-term parking tariff for FLOW customers applicable when the vehicle enters the car park. The parking fee is charged in accordance with the terms of use for APCOA FLOW.
4. The customer can book the automatic extension of the pre-paid tariff contract, with the result that it is automatically extended by one contract month at the end of the contract month. The customer can cancel the pre-paid tariff contract at any time at the end of a contract month (e.g. via the FLOW app).

II. Right of cancellation, model cancellation
1. If the customer is a consumer, they have the right to cancel the pre-paid tariff contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the customer receives the contract confirmation. To exercise the right of cancellation, the customer must inform APCOA (APCOA Deutschland GmbH, Luftfrachtzentrum 605/6, Ebene 6, 70629 Stuttgart, phone: +49 711 94791-0, fax: +49 711 94791-860, e-mail: service@apcoa.de) by means of a clear statement (e.g. a letter sent by post or e-mail) of their decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory. Timely dispatch of the cancellation is sufficient to comply with the cancellation period.
2. Sample cancellation form:

• To APCOA Deutschland GmbH Air Freight Centre 605/6, Level 6, 70629 Stuttgart, Germany
• I/we (*) hereby cancel the contract concluded by me/us (*) for a pre-paid tariff (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only for notification on paper)
• Date

(*) Delete as appropriate.
3. If the customer cancels the contract, APCOA must refund all payments received immediately and at the latest within fourteen days from the day on which the notification of cancellation of the contract was received. APCOA will use the same means of payment for this repayment as the customer used for the original transaction, unless expressly agreed otherwise; under no circumstances will fees be charged for this repayment.
4. APCOA may refuse to provide the service until the cancellation period has expired.
5.In the event of cancellation, the customer must pay compensation for any (partial) consumption of the included volume.

III. Rental contract - duration of contract - validity of the General Terms and Conditions of Parking
1.A rental contract for a parking space is not yet concluded with the confirmation of the pre-paid tariff contract, but only when the customer enters the car park. The rental contract ends when the vehicle leaves the parking facility, but no later than 6 weeks after the start of the contract, unless the contract is cancelled beforehand without notice or something else is expressly agreed.
2In all other respects, the parking conditions signposted in the car park apply to the rental contract.

C. Conditions for parking flat contracts

I. Object of the parking flat contract
1.The subject of a parking flat contract is the rental of parking spaces in a parking garage or car park (parking facility) to the customer for the period specified in the respective product description (inclusive period). This inclusive period may comprise a continuous rental period (e.g. 1 month/week) or various rental periods with interruptions (e.g. all weekends in one month).
2. Upon conclusion of the parking flat contract, APCOA is obliged, in accordance with the detailed terms of the contract, to provide the customer with a parking space in the agreed car park for use during the agreed inclusive period in return for payment of the agreed rent (parking fee). There is no entitlement to a specific parking space in the car park.
3. The parking fee for the inclusive period is covered by the agreed price. For parking times outside the inclusive period or outside the agreed rental times within the inclusive period (i.e. for earlier entry or later exit), the customer owes an additional parking fee, which is determined (i) according to the additional time spent outside the inclusive period or the agreed rental times, and (ii) according to the short-term parking rate for FLOW customers applicable when the vehicle enters the car park.
4. The customer is not entitled to a right of cancellation in accordance with Section 312g (2) (9) BGB.

II. Access medium, opening hours, parking conditions
1. The access media (e.g. licence plate) are not transferable to third parties. If the customer is a legal entity or association of persons, the customer shall, in deviation from the above paragraph, be entitled to transfer the access medium to the one natural person who is to be authorised to use the parking space (authorised user). The authorised user is not entitled to pass on the access medium. Subletting is excluded.
For APCOA, the respective owner of the access medium is deemed to be authorised to use the vehicle in question. APCOA is entitled, but not obliged, to verify this authorisation. The access medium must be stored carefully by the customer.
2. The vehicle can only be brought into or driven out of the car park during the opening hours displayed on site or otherwise announced, unless other parking times have been agreed.
3In addition, the General Terms and Conditions of Parking apply to the rental agreement in accordance with the following letter D.

D. General Terms and Conditions of Parking

I. Terms of Use
1. The customer is authorised to park passenger cars without trailers (vehicles) in the car park. Motorbikes may only be parked if this is expressly authorised by a corresponding sign. The prerequisite for parking authorisation is always that the parked vehicle has liability insurance, an official registration number (§ 23 StVZO) and a valid official inspection sticker (e.g. TÜV).
2. Vehicles may only be parked within the marked parking spaces and only one vehicle per parking space. If authorised personnel are present, the customer must park in the space allocated to him. If parking spaces are reserved for customers with special authorisation (e.g. long-term parkers, disabled persons, women), the customer must provide proof of this on request.
3. Vehicles may only be moved at walking speed within the parking facility.
4. The following is not permitted in the parking facility

• the storage of fuels and flammable objects as well as empty fuel containers,
• the unnecessary running of engines,
• parking vehicles with a leaking tank or engine or in any other unsafe condition,
• staying in the car park, unless this is exclusively in connection with the parking of a vehicle, in particular camping,
• the repair or maintenance of vehicles,
• soiling the car park, in particular by cleaning the vehicle, draining cooling water, fuel or oil,
• walking on the carriageways, including entrances and exits, unless there are no footpaths or hard shoulders,
• smoking and the use of fire,
• riding bicycles, mopeds, inline skates, skateboards and other vehicles or equipment and parking them in the car park,
• the distribution of advertising material,
• driving vehicles over 3.5 tonnes, agricultural vehicles and military vehicles over 3.5 tonnes.

5 The customer must also follow the instructions of APCOA staff and observe the traffic signs and information signs on site. In all other respects, the provisions of the German Road Traffic Act apply accordingly.
6. Security, surveillance, safekeeping and the provision of insurance cover are not the subject of a rental agreement. Even if APCOA personnel are present in the car park or it is monitored with optical-electronic equipment (video surveillance), this is not associated with any assumption of care or liability, in particular not for theft or damage. In the case of video surveillance, the responsible body within the meaning of the Federal Data Protection Act is APCOA Deutschland GmbH, Luftfrachtzentrum 605/6, 70629 Stuttgart, email service@apcoa.de, phone +49 711 94791-0.

II. Liability of APCOA - exclusion periods
1. During the term of the rental agreement, APCOA is liable for damage caused by breaches of duty by it, its employees or agents. APCOA is therefore not liable for damage caused solely by natural events, other customers or other third parties, in particular as a result of theft or damage to the vehicle.
APCOA is only liable for breaches of duty in the event of intent or gross negligence, unless otherwise specified below. In the event of simple negligence, APCOA is only liable if (i) there is injury to life, limb or health (personal injury) or (ii) there is a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the fulfilment of which the customer relies and may rely ("cardinal obligations"). APCOA is also liable for simple negligence in all cases of mandatory statutory liability.
2. The customer is obliged to report any obvious damage to the APCOA staff responsible for the car park and, if necessary, to contact them by emergency call before leaving the car park and to give the staff the opportunity to inspect the vehicle. If this is exceptionally not possible or not reasonable for the customer, the notification must be submitted to APCOA in text form (§ 126 b BGB, e.g. e-mail, fax) no later than 14 days after the damage event using one of the contact options listed under C. Section II.1. above. In the case of non-obvious damage, the notification must be made in text form within 14 days of discovery of the damage (preclusion periods). If the customer breaches its duty of notification in accordance with paragraph 1 above, all claims for damages by the customer are excluded, unless the customer is not responsible for the breach. This exclusion of liability shall not apply if the customer has suffered personal injury or if APCOA has caused the damage through gross negligence or wilful intent.
3Sections 1 and 2 above apply irrespective of whether APCOA's liability is based on the rental agreement or another legal basis.

III. APCOA's right to refuse performance
If the customer is culpably in arrears with the payment of at least one month's rent, APCOA is entitled to refuse the customer access to his parking space until the customer fulfils all liabilities due to APCOA.

IV.Change of landlord - consent under data protection law - no tacit extension of contract
1. If APCOA derives its right to rent parking spaces from a contract with a third party (e.g. lease or management contract) and this contract (main contract) ends, APCOA is entitled to terminate the contract with the customer for cause without observing a notice period as of the date of termination of the main contract. The cancellation must be declared immediately after becoming aware of the date of termination of the main contract. Claims by the customer due to premature termination of the contract are excluded.
2. If the car park is operated by a third party (new operator) immediately following the termination of the main contract, APCOA may transfer the contract with the customer to the new operator of the car park with effect from the date of termination of the main contract (change of lessor); the above Section 1 remains unaffected. The customer expressly agrees to this right to transfer the rental relationship and the associated transfer of their personal data such as name, address, date of birth, vehicle licence plate number and contract and billing data to the new operator. If APCOA exercises its right to transfer the rental relationship, the customer is entitled to terminate the contract without notice as of the date of termination of the main contract.
3. The customer is obliged to remove the parked vehicle from the parking facility immediately after the end of a rental contract and to pay any unpaid parking fees. If the customer does not fulfil his obligation to vacate the car park, APCOA is entitled to remove the customer's vehicle from the car park after prior written request, setting a reasonable deadline and threatening to vacate the car park. The customer shall bear the costs of evacuation, storage, utilisation and disposal, unless the customer is not responsible for the failure to evacuate.
4. The provision of Section 545 BGB on the tacit extension of the rental agreement does not apply. If the customer continues to use the rental property after the rental period has expired, the rental relationship is therefore not extended for an indefinite period.

V. Jurisdiction agreement - changes to the terms and conditions of hire - dispute resolution
1.If the customer is a merchant, the place of jurisdiction for all legal disputes, irrespective of the legal grounds, shall be the registered office of APCOA, i.e. Stuttgart, unless another place of jurisdiction is prescribed by law.
2.The customer's consent to an amendment to the General Terms and Conditions of Posting shall be deemed to have been given if APCOA has notified the customer of the amendment, granted the customer a reasonable period of time to give its consent and informed the customer that its consent to the amendment shall be deemed to have been given if it has not objected in writing or in text form (e-mail, fax) within this period (fictitious consent).
3. the European Commission offers the possibility to participate in online disputes on an online platform operated by it. This platform can be accessed via the external link https://ec.europa.eu/consumers/odr/. APCOA is neither obliged nor willing to participate in a dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).

The organiser of the APCOA FLOW referral campaign is APCOA Deutschland GmbH, Am Luftfrachtzentrum 605/6, 70629 Stuttgart.

As a new customer, you must enter the referral code received from the advertiser when registering. You will then automatically receive a one-off parking discount of €10 on your first parking transaction in one of our APCOA FLOW car parks.

As a referrer, you will receive your €10 parking discount on the next parking transaction at one of our APCOA FLOW car parks. The prerequisite is that the referred new customer has entered your personal referral code when registering and has successfully completed their first parking transaction.

Any remaining credit after completion of the parking transaction will be forfeited. The discount is not transferable to third parties. Cash payment or interest on the discount is excluded. The discount promotion cannot be combined with other offers/promotions from APCOA Deutschland GmbH. The discount promotion is subject exclusively to the law of the Federal Republic of Germany. Legal recourse is excluded.