(current as of July 2018)
APCOA PARKING Deutschland GmbH
Luftfrachtzentrum 605/6, Ebene 6
represented by the managing directors Detlef Wilmer and Steffen Bätjer Commercial Register at the Local Court of Stuttgart, No. HRB 221831 Sal
es tax identification number: DE227818589 (pursuant to § 27 a VAT law)
I. App Description
The software is a downloadable software application ("Software" or "App") that allows you (subsequently gender-neutral “users”) to access APCOA Flow functions directly from your Android, iPhone, iPad or other mobile device, as long as the hardware is supported by APCOA Flow and is compatible with the App. Which devices and software versions are compatible with the App, results from the description of the App in each App Store, through which the App is downloaded and installed.
You can download the App regardless of whether you are using APCOA Flow Service or not. However, in order to activate the full functionality of the App, you need to set up and activate a free user account with APCOA Flow. The valid General Terms of Access and Use of APCOA apply to this.
After the registration, the App provides access to APCOA Flow's digital services. These enable the authorised user to enter and leave the car parks and parking lots ("parking facilities") covered by APCOA Flow contact-free, the automatic billing and payment for the associated parking processes and, if applicable, the use of additional APCOA Flow Services.
II. End Customer License Agreement ("EULA")
This End User License Agreement ("EULA") is a legally binding agreement between you as an individual or entity, and APCOA Parking Deutschland GmbH ("APCOA"). You agree to abide by the EULA Terms and Conditions if applicable when you download, install or use this App for Android, iOS or any other mobile platform. If you do not agree with the EULA, please do not check the box "I accept the terms and conditions" and do not use the App.
By installing or using the App, you declare that you have read, understood and will comply with the EULA.
1.1 Contract partner and purpose of use
This App is offered by APCOA in an App Store ("platform") of the respective operator ("platform operator"). The contractual partner of the user is APCOA.
The platform operator is not the user's contractual partner for the App or its content.
1.2 User of the App and purpose of use
The user is a contractual partner for the use of this App, either as a private individual or as a representative of the company where he is employed. If the user concludes the agreement for the use through his company without being entitled to do so, he shall himself become the contracting party pursuant to this EULA.
This App may only be used by the following users and for the stated purposes: This App may be used by any legitimate user for personal or business purposes.
1.3 Function and purpose of the App
The function and purpose of the App is described in the App description.
In order to use the full functionality of the App, the registration of a user account is required. For this purpose, the user must enter the data for the user account completely and correctly, and must keep it up to date at all times. The handling of this data is governed by Part II
1.5 Note pursuant to § 36 Consumer Dispute Settlement Act (VSBG)
For customers from Germany: APCOA will not, and is also not obliged to participate in any dispute settlement proceedings before a consumer conciliation body as defined by the VSBG.
2. Rights of use, data usage
2.1 Range of the usage rights
The lawful user will receive the time-limited, non-exclusive, non-sub-licensible, non-transferable, revocable and free of charge right to use the App in accordance with this EULA only for private purposes. Deviations and additions may result from the information and conditions for Free and Open Source Software ("FOSS") pursuant to Paragraph 2.2 and for external content pursuant to Paragraph 2.3.
2.2 Rights of use to FOSS
The App may contain components of Free and Open Source Software ("FOSS"). The INFORMATION AND TERMS AND CONDITIONS FOR FOSS shall take precedence.
2.3 External contents
The App may contain or use components (software or content) from third parties. The INFORMATION AND TERMS AND CONDITIONS FOR EXTERNAL CONTENTS take precedence. Insofar as rights to these external contents are granted directly by third parties, the user will conclude a contract with the respective third party in accordance with the corresponding conditions, when these EULA are agreed-upon. In the event of a violation, the third party may assert claims against the user.
2.4 Termination of the rights of use
The termination of the usage rights granting is based on the compliance with this EULA. In the event of a violation of this EULA by the user, the rights to use the App including its content shall automatically cease to apply.
Irrespective of this, publishers and providers of the App can terminate the usage rights at any time through a unilateral declaration with an immediate effect.
In addition to a termination of the usage rights, a violation of this EULA may have further legal consequences for users, e.g. due to the illegal use of the App and its contents. This also includes the omission of a further use and claims for damages.
2.6 Data protection
APCOA protects the customer's personal data and uses it exclusively to the extent permitted by law or the customer has consented to its use; more detailed information on this can be found in the Data Protection Declaration, which is available via the App. The customer shall grant APCOA the non-exclusive right of use, unlimited in terms of time and content, transferable and sublicenseable, to APCOA for all other data, especially technical data, which is not personally related or whose personal reference has been removed (anonymous data).
3. User obligations
The user may only use the content of the App for his own private use, and may not make it accessible to the public, for example, in social networks or in other ways.
3.2 Obligation to report defects
The user shall immediately notify the contact point specified under Customer support of any malfunctions in connection with the App usage.
3.3 Legitimate use
The user is obliged to only use the App legally in accordance with this EULA, and in accordance with the applicable law. This is within the user's scope of responsibility.
4.1 Transfer and utilization prohibition
It is not permitted to make the App available, publish, license, sell or otherwise commercially exploit the App to third parties for a fee or free of charge. No rights to the App may be rented, leased or otherwise transferred.
4.2 Change prohibitions
It is not allowed to modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the App's source code. Legal powers shall remain unaffected, in particular the user's right to decompile the App in order to obtain the information necessary to establish its interoperability with other programs, unless the provider makes it available to him on reasonable terms.
5. Effect on software or websites of the publisher or third parties
Any use of the App that has a negative effect on the App itself or any associated websites or software accessed by the App is prohibited.
6.1 Free provision
The App is available in a basic version for free. Their functionality is visible in the App Store, through which the App has been downloaded and installed, and can be expanded or reduced by the provider at any time. In particular, there is no legal right to certain functions that were still available in an earlier version, unless this function was purchased for a consideration.
The App can be extended by in-app purchases paid for additional features. The current price and subscription models are included in the app itself, in the App Store and before placing the order. All prices are inclusive of applicable VAT.
6.2 Exclusion of warranty rights
AS FAR AS THE APP IS PROVIDED FREE OF CHARGE, IT IS IN THE "IS CONDITION". IN PARTICULAR, NO GUARANTEE OF AVAILABILITY, MARKETABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE WILL BE GIVEN. WARRANTY RIGHTS ARE EXCLUDED, EXCEPT IN CASE OF GROSS NEGLIGENCE OR GROSS NEGLIGENCE ON THE PART OF THE PUBLISHER OR APP PROVIDER. THIS ALSO APPLIES TO ANY SUPPORT.
6.3 Accuracy of information
THE PUBLISHER SHALL NOT ASSUME ANY RESPONSIBILITY FOR COMPLETENESS AND CORRECTNESS. DEPICTIONS OF SERVICES, PRODUCTS, PRICES AND OTHER SERVICES ARE MADE WITHOUT A GUARANTEE FOR CORRECTNESS, AND DO NOT CONTAIN A CONTRACTUAL OFFER NOR A CLAIM TO THE CONCLUSION OF A CONTRACT.
6.4 Scope of the warranty regulations
THE WARRANTY OF THE PUBLISHER AND PROVIDER IS EXCLUDED AND LIMITED TO THE EXTENT PERMITTED BY LAW. Statutory mandatory rights of the user remain unaffected.
7.1 Extent of liability
Regardless of the legal basis, APCOA shall only be liable within the framework of statutory provisions in accordance with Paragraph 7.1 and the following Paragraphs 7.2 and 7.3.
Without limitation, APCOA shall be liable for damage resulting from injury to life, limb or health and for damage caused by wilful intent or gross negligence on the part of APCOA, or one of its legal representatives or vicarious agents, as well as for damage resulting from the non-observance of a guarantee or warranted characteristic provided by APCOA or from fraudulently concealed defects.
The liability of APCOA shall be limited to a compensation for the foreseeable damage typical of this type of contract, for such damages which are based on a slightly negligent breach of material contractual obligations by APCOA, or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations, the fulfilment of which is essential for the proper execution of the contract, and on which the contractual partner may rely on a regular basis.
7.2 Indemnity against liability
If the publisher or the provider of the App is held liable by a third party for any violation of this EULA by the user, the user shall indemnify the publisher and the provider from all claims and costs arising directly or indirectly as a result thereof, including reasonable defense costs incurred by an attorney. This does not apply if the user is not responsible for an infringement. The publisher reserves the right to defend himself against such claims.
7.3 Scope of liability regulations
THE LIABILITY OF THE PUBLISHER AND PROVIDER IS EXCLUDED AND LIMITED TO THE EXTENT PERMITTED BY LAW. Statutory mandatory rights of the user, in particular liability according to the product liability law remain unaffected.
8. Additional conditions regarding Apple
8.3 Apple is under no obligation to provide maintenance or support for this application.
8.4 Apple shall not assume any responsibility for the examination, defense, resolution, and performance of claims arising from the infringement of third party intellectual property rights.
8.5 Apple is under no obligation to respond to any claim by the user or any third party in connection with the App or your property and/or use of this application. This applicability pertains to the following claims:
(a) product liability claims;
(b) claims arising from the statement that the App violates the applicable legal or regulatory provisions; and
(c) claims based on consumer protection or similar laws.
9. Final provisions
9.1 Right to change
APCOA reserves the right to adapt these EULA as required. APCOA will inform the user about significant changes to the EULA. Changes will automatically take effect 30 days after this notification. If a user does not agree with a change, he/she must uninstall the App and cease to use it. By continuing to use the app, the user declares his/her consent to the terms of the amended EULA.
9.2 Invalidity of individual clauses
Should individual provisions of this EULA be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
9.3 Applicable law
The law of the Federal Republic of Germany shall apply exclusively to all disputes in connection with this EULA, irrespective of the legal reason, with the exclusion of all provisions of conflict of laws referring to a different legal system. The application of the U.N. Convention on the Sale of Goods.
9.4 Place of jurisdiction
Place of performance is Stuttgart (Germany). The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special assets under public law arising from contracts is also Stuttgart (Germany).