The following general terms and conditions of PAYUCA GmbH, FN 440762f, (hereinafter: PAYUCA) apply to those natural or legal persons who register via the PAYUCA app or on https://payuca.com (hereinafter: customers). In the case of conflicting terms and conditions, the respective provisions of the PAYUCA terms and conditions apply to corporate customers.
II.1.
The PAYUCA app is the smartphone application operated by PAYUCA, which enables users to register with PAYUCA, reserve parking spaces in advance, which PAYUCA rents from parking space providers, locate them using GPS, and drive there with their vehicle, park and pay cashless for this parking space.
II.2.
PAYUCA Credits are a purely virtual currency that can only be used to pay for the range of services offered by PAYUCA GmbH. A PAYUCA credit corresponds to the equivalent of EUR 1.00. Before you can use PAYUCA, you have to purchase PAYUCA credits. This is possible within the app via payment service provider. The respective PAYUCA credit status is displayed in the PAYUCA app.
II.3.
The PAYUCA homepage is the website that can be called up under the URL https://payuca.com, where the customer can find out more about PAYUCA and through which PAYUCA also appears externally.
II.4.
The PAYUCA NFC chip is a personalized near-field communication tag that the customer can request as an alternative to the PAYUCA app for entering and exiting a parking garage or a closed parking area from PAYUCA.
II.5.
A parking space is understood to mean a car parking space in an outdoor parking lot or in a parking garage, which cannot be accessed by the public, and which is secured by garage doors, barriers or the like from access by any person, with no parking space being permitted for this parking space public parking fees apply.
II.6.
Garage refers to a parking garage located in a building, secured by a locking device, not accessible to the public, in which parking spaces offered by PAYUCA are located.
II.7.
Parking lot refers to an outdoor area, secured by a locking device, not accessible to the public, on which parking spaces offered by PAYUCA are located.
II.8.
The parking space providers within the meaning of these GTC are the owners or persons entitled to dispose of the parking spaces that the customer rents from PAYUCA. PAYUCA rents these parking spaces for the purpose of renting them out to customers.
II.9.
Blocking device means a device installed by PAYUCA on the garage doors, barriers, access doors and lift doors, which blocks access to the respective parking spaces and enables them to be opened and closed using the PAYUCA app or the PAYUCA NFC chip.
II.10.
The telephone number of the PAYUCA hotline can be viewed in the PAYUCA app or on the PAYUCA homepage.
II.11.
Vehicle refers to a single or multi-track motor vehicle within the meaning of Section 2 Para. 1 No. 1 Motor Vehicles Act 1967, whereby vehicles whose drive energy is taken from overhead lines and those that are gas or hydrogen-powered are not included.
II.12.
Within the PAYUCA app (iOS/Android) under Voucher you have the option of entering a promotion code in order to receive free PAYUCA credits.
III.1.
PAYUCA operates a system for renting parking spaces in urban areas. The aim is to set up a network of potential parking spaces that is as comprehensive as possible for PAYUCA customers. This is done via the PAYUCA app, which can be used to find free parking spaces using GPS. PAYUCA rents parking spaces for this purpose in order to rent them out to its customers.
III.2.
The customer pays his parking fees directly to PAYUCA in the form of a (sub)rent.
III.3.
A contractual relationship and direct claims between the customer and the parking space provider do not arise.
IV.1.
A contract within the meaning of these general terms and conditions between PAYUCA and the customer arises at the point in time when the customer registers in the PAYUCA app (point V.) and agrees to these general terms and conditions.
IV.1.1.
For registration, the customer must provide at least the following data:
IV.1.2.
In order to be able to use the full functionality, the customer must also provide the following data:
IV.1.3.
To check the according to point IV.1.1. announced phone number, the customer will be sent a TAN to this phone number. The customer enters this in the input mask, whereby the telephone number is verified.
IV.1.4.
Complete registration gives the customer access to the functions of the PAYUCA app and can use them to locate parking spaces and - provided the PAYUCA credits are in his electronic user account within the meaning of point VI. sufficient – also to reserve and rent.
IV.1.5.
The customer is obligated to, according to point IV.1. to update published data accordingly if they change.
IV.2.
The contract concluded through registration is concluded for an indefinite period.
IV.3.
Potential customers have no right to register and/or conclude a contract. PAYUCA can refrain from concluding a contract without giving reasons.
IV.4.
Termination:
IV.4.1.
The customer can terminate the contract concluded through registration at any time with immediate effect. The cancellation must be made in writing, whereby receipt of a corresponding e-mail by PAYUCA is sufficient.
IV.4.2.
PAYUCA can terminate the contract at any time with immediate effect. The cancellation must be made in writing, whereby the receipt of a corresponding e-mail to the customer specified during registration or subsequently in accordance with point IV.1. the e-mail address provided is sufficient.
V.1.
The PAYUCA app acts as an interface between the customer and PAYUCA on the one hand, and between PAYUCA and the parking space providers on the other hand, in order to enable the reservation and rental of parking spaces by the customer.
V.2.
The PAYUCA app forwards the target location of a parking space selected by pressing the corresponding button on the smartphone display to Google Maps or Apple Maps, provided these applications are installed on the customer's smartphone. The navigation to the parking space takes place via these applications.
V.3.
After purchasing PAYUCA credits for the first time (point VI.5.), the customer has the option – which PAYUCA can revoke or limit at any time – to receive a PAYUCA NFC chip for a certain number of PAYUCA credits.
V.3.1.
The required number of PAYUCA credits for the purchase of a PAYUCA NFC chip according to point V.3. can be found in the tariff sheet on the PAYUCA homepage or in the PAYUCA app. PAYUCA is entitled to waive the settlement of PAYUCA Credits for a PAYUCA NFC chip, whereby the customer has no legal right to such a waiver.
V.3.2.
The customer undertakes to keep the PAYUCA NFC chip safe and to notify PAYUCA immediately of its loss or theft via the PAYUCA hotline or in writing (point XVII.), so that the NFC chip can be blocked. Blocking the NFC chip in the event of loss or theft is free of charge. For the desired replacement of the PAYUCA NFC chip, the customer must pay with PAYUCA credits in accordance with the tariff sheet (point V.3.1.).
V.4.
The PAYUCA app and the PAYUCA NFC chip each serve as a key with which the locking devices for parking spaces can be opened:
V.4.1.
When using the PAYUCA app, this is done by pressing the button labeled "PARK NOW" on the smartphone display as soon as a Bluetooth connection can be established between the customer's smartphone and the locking device of the garage door or barrier of a parking space. Access doors or lift doors can also be opened via the PAYUCA app while the parking process is ongoing, as soon as there is a Bluetooth connection.
V.4.2.
When using the PAYUCA NFC chip, this is done by stopping it at the respective locking device, whereby this leads to the activation of the locking device from a distance of approx. 2 cm.
V.5.
The download of the PAYUCA app, its use and the use of the PAYUCA website are free of charge for the customer, unless otherwise specified in these general terms and conditions.
V.6.
If third-party advertisements are placed in the PAYUCA app or on the PAYUCA website, PAYUCA assumes no liability for their content.
VI.1.
An electronic user account is set up for each customer at PAYUCA, which is used for the automatic processing of the reservation and rental of parking spaces by the customer and the settlement of reservations, rentals and other services from PAYUCA.
VI.2.
This user account can be viewed via the PAYUCA app, which is used to record the conclusion and termination of the respective rental agreement as well as the occurrence and due date of the rent entitlement or other PAYUCA services.
VI.3.
Unless otherwise agreed below, PAYUCA is expressly authorized to offset existing claims against the respective customer in connection with this contract or related rentals and uses via their user account and offset them with existing PAYUCA credits, or in the absence of such PAYUCA Credits to dictate the claim.
VI.4.
The customer undertakes to ensure that his user account is not exceeded as long as this contract with PAYUCA is in force and, in the event that he is exceeded, to arrange for the immediate acquisition of a sufficient number of PAYUCA credits.
VI.5.
Topping up the user account:
VI.5.1.
VI.5.1 PAYUCA credits are purchased via the PAYUCA app. The customer selects the desired number of PAYUCA credits, the country (currently Germany or Austria) in which the customer will use PAYUCA and and the desired means of payment (debit card, credit card, “Sofortüberweisung”, PayPal or other means of payment offered in the PAYUCA app) and is forwarded to the payment page of a payment service provider, where he can complete the payment process with his chosen means of payment completes. The paid PAYUCA credits are then credited to the user account within a few minutes.
For the avoidance of doubt, credits purchased for Germany may not be used in Austria and credits purchased for Austria may not be used in Germany.
VI.5.2.
The recurring and automated purchase of PAYUCA credits for the user account is possible using all payment methods offered (standing order in online banking, transfer by bank, etc.) by transfer to a payment service provider commissioned by PAYUCA. The automated and recurring acquisition takes place when the threshold value of 1 (one) PAYUCA credit is not reached. This option can be deselected at any time within the app.
VI.5.3.
The customer acknowledges that the data of his bank details in the cases according to points VI.5.1. to VI.5.2. only become known to the payment service provider, but not to PAYUCA.
VI.5.4.
In the event that a voucher code is used within the meaning of point II.12. PAYUCA reserves the right to only issue these promotion codes in a limited space, time and user group. The number of free PAYUCA credits depends on the respective promotion. After entering a promotion code, the number of PAYUCA credits increases by the amount of the promotion. The free PAYUCA credits are offset against each other – starting with the next parking session – until they are used up and only then are purchased PAYUCA credits used. A payout of PAYUCA credits, whether received free of charge or purchased, is excluded, except in the case of the statutory right of withdrawal.
VI.6.
Temporary suspension of the user account:
VI.6.1.
As long as there are no PAYUCA credits in a customer's user account, or if it even has a negative amount (= below zero PAYUCA credits), it will be automatically blocked, making it impossible for the customer to reserve or rent parking spaces.
VI.6.2.
If the customer's vehicle is in a parking space at the time his user account is automatically blocked, the customer must call the PAYUCA hotline to open the garage door or car park barrier and remove his vehicle from the parking space.
VI.6.3.
If the customer violates the provisions under point XIX.1. PAYUCA is entitled to block the user account until the entire contractual penalty and the entire coverage amount have been paid or until any legal dispute has been finally ended, or to offset the customer’s existing PAYUCA credits directly.
VI.6.4.
At the request of the customer (e.g. if the mobile phone or the PAYUCA NFC chip is lost or in the event of unauthorized access by third parties), the user account will be blocked until the customer expressly revokes this, provided that the customer can be identified beyond doubt.
VI.7.
In the event of a negative balance on the user account, the customer must purchase PAYUCA credits within 48 hours of falling below zero, otherwise PAYUCA is entitled to charge a reminder fee. The amount of the reminder fee can be found in the tariff sheet.
VII.1.
Within the PAYUCA app, the customer has an insight into all bookings made in the last X months. This listing includes the following information:
VIII.1.
The customer can reserve a parking space in advance via the PAYUCA app. In the PAYUCA app, the customer selects a garage or a parking space with a corresponding free parking space. After confirmation of the reservation, PAYUCA blocks a parking space in this garage or in this parking space for the duration of the reservation (maximum 3 hours) for other customers to whom it is shown as occupied.
VIII.2.
A reservation of a maximum of 30 minutes before renting the parking space in question is free of charge once a day (0:00 to 23:59) per garage. For longer reservations or for extending the reservation beyond 30 minutes, a fee will be charged according to the tariff sheet. The required number of PAYUCA credits for the selected reservation period will be deducted from the user account immediately after selection and confirmation.
VIII.3.
A selected and confirmed reservation cannot be cancelled, it is not terminated even by several parking processes. If you reserve for about three hours and drive out of the garage and back in four times during this time, the parking space is reserved for you for the entire three selected hours. A refund of already paid reservation costs is excluded.
VIII.4.
If there are not enough PAYUCA credits in the user account, a reservation is not possible. Existing reservations are automatically canceled as soon as the PAYUCA credits in the user account are no longer sufficient to maintain the reservation or to start a new parking process. The required minimum number of PAYUCA credits can be found in the tariff sheet.
VIII.5.
A maximum of one parking space can be reserved per garage per customer. The reservation of further parking spaces in other garages is also possible at any time during a valid rental contract in the sense of point X. However, it should be noted that the reservation always begins immediately after confirmation, so the start of the reservation cannot be freely selected.
VIII.6.
If a customer finds a reserved parking space parked or otherwise blocked, he must report this immediately via the PAYUCA app or by calling the PAYUCA hotline (point XVII.). In this case, there will be a 100% refund of the reservation and rental costs already paid. Any further claims of the customer of any kind, in particular claims for damages, are excluded.
IX.1.
The subject of a concluded sublease agreement is a parking space that is located in a garage or on a parking lot that is secured by one or more locking devices. The parking space that is the subject of the rental agreement is selected on the one hand by operating the locking device of a garage door or a barrier in order to gain access to the parking space, and on the other hand by actually parking the vehicle on the relevant parking space.
IX.2.
The entrance to the garage of the house or the access to the parking spaces are provided with locking devices installed by PAYUCA. In order to enter or leave the garage, the customer is obliged to use the software (PAYUCA app) and hardware (PAYUCA NFC chip and locking device) provided by PAYUCA.
IX.3.
The customer begins the rental process by holding the PAYUCA NFC chip against the locking device installed by PAYUCA or by pressing the "PARK NOW" button in the PAYUCA app.
IX.4.
The customer is expressly obliged to enter garages or parking spaces operated by PAYUCA with his vehicle only via the designated access routes or ramps using the locking devices installed. He also undertakes to only enter or leave the garage or parking lot on foot via the access doors or lift doors provided, using the locking devices installed. Entering access ramps on foot is prohibited, and PAYUCA accepts no liability for violations of this prohibition.
IX.5.
If a customer finds a parking space rented by him to be parked or otherwise blocked, he must report this immediately via the PAYUCA app or by calling the PAYUCA hotline (point XVII.). In this case, a 100% refund of rent already paid will be made. Any further claims of the customer of any kind, in particular claims for damages, are excluded.
IX.6.
The provisions of the MRG do not apply to the present rental relationship (§ 1 Para. 2 Z 1 MRG).
IX.7.
The German Road Traffic Act (StVO) applies in all garages and parking spaces that are equipped with PAYUCA systems. Parking the vehicle is only possible on the parking spaces specially signposted by PAYUCA.
X.1.
The tenancy according to point X. is limited to a maximum of 30 days (point X.5.), but may end earlier in accordance with the following provisions.
X.2.
The date and time of the conclusion of the rental agreement is the time at which the customer receives access to the garage of the house or the parking lot via PAYUCA by activating a blocking device of the house or parking lot (point II.7.).
X.3.
The rental relationship ends with immediate effect at the moment when the customer activates a locking device in the garage of the house or parking lot via PAYUCA as follows:
X.4.
The customer acknowledges that the rental relationship does not end if he leaves the garage or parking lot with his vehicle without first pressing the blocking device (if the PAYUCA NFC chip is used) or the corresponding button on the smartphone display ( in the case of using the PAYUCA app) (e.g. because a locking device or the garage door/barrier is defective and is open or termination via the PAYUCA app is not possible due to technical defects). In this case, the rental relationship is terminated at the moment when the customer reports the defect and the leaving of the parking space to PAYUCA via the PAYUCA app or the PAYUCA hotline.
X.5.
The tenancy ends regardless of point X.3. but in any case no later than after 30 days, calculated from the date and time of the conclusion of the contract.
X.6.
Other cases of automatic termination of the tenancy:
X.6.1.
If the contract is terminated during the rental period, the rental relationship ends automatically at the time the contract is terminated.
X.6.2.
In the event of compulsory removal of the Customer's vehicle.
X.6.3.
In the event of a blocking of the user account according to point VI.6.
X.6.4.
In the event that a contractual penalty is charged in accordance with Section XIX. and late payment by the customer.
XI.1.
The rented item may only be used for the purpose of parking a single or multi-lane vehicle within the meaning of point II.11. be used that meets the following conditions:
The maximum height can be found in the individual garage descriptions!
Maximum width of stackable parking garage: 1,90 m
Maximum width of normal garage space: 2,05 m
Maximum length: 5,00 m
Maximum permissible total weight: 3.500,00 kg
XI.2.
The customer is not permitted to store items of any kind, including motor vehicle spare parts and accessories, winter, summer or spare tyres, fuel, tools etc.
XI.3.
The customer undertakes to lock his motor vehicle and park it within the marked areas in such a way that the use of adjacent parking spaces or entrances and exits is in no way impaired.
XI.4.
The customer must return the rental property at the end of the rental contract by removing his motor vehicle within ten minutes of the end of the rental relationship (point X.3.). If this time is exceeded, a lump-sum amount equal to the contractual penalty under point XIX. to be paid in addition to the ongoing rental costs.
XI.5.
The customer is not entitled to make any markings, structural or other changes of any kind to the rental object.
XI.6.
The customer waives any claims according to §§ 1097, 1037 ABGB for an effort that he has made on the rental object or for this purpose equipment and devices that is useful for PAYUCA.
XI.7.
The customer is completely prohibited from subleasing or otherwise passing on or transferring the rental object.
XI.8.
The rental object may only be used by vehicles whose registration number was registered in the app before the beginning of the parking process.
XII.1.
The rent is billed in units, with each commenced hour counting as a unit starting with the conclusion of the contract.
XII.2.
The amount of rent for the respective garage or parking space can be seen in the PAYUCA app and is binding at the amount specified there.
XII.3.
A change in the amount of rent does not affect newly started units during the upright parking period. However, the change applies from the next conclusion of a tenancy according to point X.2.
XIII.1.
The entitlement to rent arises at the time the contract is concluded (item X.2.).
XIII.2.
The rent is settled via the customer's user account at PAYUCA. The user account will be debited after the end of the rental agreement.
XIII.3.
If the PAYUCA credits of a customer in his user account fall below zero and the user account is not recharged within 7 days, calculated from the time of the overdraft, PAYUCA is entitled to issue an invoice for the outstanding rent claims together with reminder fees incurred (point VI.7. ) by e-mail to the customer concerned. If there is no value date of the open amount on PAYUCA's account within 7 days after the invoice has been sent, PAYUCA is entitled to hand over the claim to its legal representative or a collection agency for collection. A towing according to point XIV.2. remains unaffected.
XIV.1.
The customer expressly declares that he has been informed that after parking the vehicle in the garage using the PAYUCA NFC chip (see point X.3.) it is not possible to re-lock the locking device of the garage or parking lot press without the tenancy being automatically terminated.
XIV.2.
It is expressly agreed that PAYUCA may have the customer's vehicle towed away and stored at the customer's expense and risk, provided that
XIV.3.
If the customer's vehicle is towed away, the rental agreement is automatically deemed to have ended. The existence of rent or damage compensation claims by PAYUCA remains unaffected by this.
XV.1.
PAYUCA's liability for damage to property suffered by the customer when using the parking space due to defects in the nature or condition of the parking space or the property on which the parking space is located becomes in cases in which the persons attributable to PAYUCA no gross fault, excluded.
XV.2.
A liability of PAYUCA for the behavior of the parking space provider is excluded.
XV.3.
Any liability of PAYUCA for damage suffered by the customer as a result of misconduct or technical defects on the part of a payment service provider (point VI.5.) is hereby mutually excluded. If PAYUCA is prosecuted by a payment service provider due to misconduct on the part of the customer, the customer is obliged to fully indemnify and hold PAYUCA harmless with regard to these claims. In any case, this also includes any defense costs (in particular out-of-court costs, court and legal fees) as well as all costs and damages resulting from administrative penal or criminal court consequences.
XV.4.
A liability of PAYUCA for the behavior of third parties, in particular due to damage, (burglary) theft, vandalism or other criminal acts is excluded regardless of the legality of the third party's stay on the property on which the parking space is located, as well as for technical failure. Also excluded is PAYUCA's liability for damage caused by the customer through unjustified access to his user account, for example due to unlawful use of his smartphone or his PAYUCA NFC chips, due to cyber attacks (hacking) or through incorrect navigation via Google Maps or Apple cards.
XV.5.
If a customer damages a parking space or the property on which the parking space is located when using it, the following applies:
XV.5.1.
The customer undertakes to indemnify and hold harmless PAYUCA with regard to any claims for damages by the parking space provider or other third parties. In any case, this also includes any defense costs (in particular out-of-court costs, court and legal fees) as well as all costs and damages resulting from administrative penal or criminal court consequences.
XV.5.2.
The customer is not entitled to indemnify and hold harmless according to point XV.5.1. to refuse with reference to an existing liability insurance.
XV.6.
The customer declares that he will immediately inform PAYUCA of the fact that the locking device in the building's garage or parking lot is not working properly. He waives any claims (in particular claims for trespassing or claims for damages) against PAYUCA if it is possible to drive out with the vehicle within twelve hours.
XVI.1.
The customer undertakes not to conclude rental contracts directly with a parking space provider for parking spaces that are offered via the PAYUCA app.
XVI.2.
If the customer becomes a tenant of an apartment that is also assigned a parking space in a garage or parking lot operated by PAYUCA, or if he is merely a tenant of such a parking space, he undertakes to notify PAYUCA of this immediately. The conclusion of such a rental agreement with the parking space provider is not considered a violation of point XVI.1., unless there is a "double rental", since the parking space in question is assigned to subletting by PAYUCA on the basis of an agreement between PAYUCA and the parking space provider.
XVII.1.
The customer is obliged to immediately - without undue delay within the meaning of XVIII.2. – to report to PAYUCA via the PAYUCA hotline or, in the event of non-availability, in writing by e-mail:
XVII.1.1.
Defective locking devices on garage doors, barriers, access doors or lift doors (in particular mechanical damage and non-acceptance of signals by the PAYUCA App or the PAYUCA NFC chip);
XVII.1.2.
Blockages (also by other vehicles) that make access to a garage operated by PAYUCA or a parking lot operated by PAYUCA difficult or impossible;
XVII.1.3.
technical defects in connection with the PAYUCA app or the PAYUCA NFC chip that make it impossible for him to enter or leave the garage or parking space, or to enter into or end a tenancy;
XVII.1.4.
the fact that the customer finds a reserved parking space or a parking space that was displayed as free in the PAYUCA App parked or otherwise blocked;
XVII.1.5.
the loss or theft of a smartphone on which the PAYUCA App has been installed;
XVII.1.6.
Cyber attacks that were carried out on a smartphone on which the PAYUCA App was installed and through which third parties gain the opportunity to use the PAYUCA App or the customer is denied the opportunity to use the PAYUCA App;
XVII.1.7.
loss or theft of the PAYUCA NFC chip;
XVII.1.8.
Change or loss of the license plate number with which the customer registered with PAYUCA, as well as changes to all other registration details in accordance with point IV.1. announced data
XVII.1.9.
Damage suffered by the customer (in particular to his vehicle) when using a garage operated by PAYUCA or a parking lot operated by PAYUCA. This is independent of the cause of the damage and the person who caused the damage or is liable;
XVII.1.10.
Damage caused by the customer to PAYUCA, the parking space provider or other third parties when using a garage operated by PAYUCA or a parking space operated by PAYUCA. This is independent of the cause of the damage, the person of the injured party or the existence of liability insurance on the part of the customer;
XVII.1.11.
Opening of insolvency proceedings against the customer's assets or refusal to open insolvency proceedings due to insufficient assets to cover costs;
XVII.1.12.
final conviction of the customer due to § 136 StGB;
XVII.2.
A report by the customer counts as immediate:
XVII.2.1.
In the cases of points XVII.1.1., XVII.1.2., XVII.1.3. and XVII.1.4. if it takes place within one hour after the customer has become aware of it, unless unavoidable and unforeseeable reasons prevent the customer from reporting in good time;
XVII.2.2.
in the cases of points XVII.1.5., XVII.1.6., XVII.1.7., XVII.1.8., XVII.1.9. and XVII.1.10. if it takes place within 24 hours after the customer has become aware of it, unless unavoidable and unforeseeable reasons prevent the customer from reporting in good time;
XVII.2.3.
in the cases of points XVII.1.11. and XVII.1.12. if it takes place within one week after the customer has become aware of it, unless unavoidable and unforeseeable reasons prevent the customer from reporting in good time.
XVIII.1.
The customer grants PAYUCA the right to store and process all data received in the course of using the PAYUCA app, the PAYUCA NFC chip and the PAYUCA hotline and to connect it to other content within the PAYUCA app. This includes, in particular, the data disclosed under point IV and the customer's documented usage behavior.
XVIII.2.
All data generated by the PAYUCA app or the system behind it are the exclusive property and right of disposal of PAYUCA.
XVIII.3.
PAYUCA is in the event of damage within the meaning of XVIII.1.10. entitled to pass on the customer's data in full, in particular his name, address and date of birth to the owner or person entitled to dispose of a rented parking space or his representative. PAYUCA is not responsible for the handling of the data passed on in this way.
XVIII.4.
PAYUCA is only entitled to pass on the customer's telephone numbers or license plate number to persons other than the owner or person entitled to dispose of a rented parking space or their representative if requested to do so by a domestic or foreign authority or a court.
XVIII.5.
The customer has no claim against PAYUCA to have his data deleted or corrected while the parking process is ongoing.
XVIII.6.
After the end of the contract, the customer is entitled to revoke the consent to data storage, processing and transfer at any time by e-mail. In this case, PAYUCA is obliged to delete the data in question, provided there are no legal storage obligations and/or PAYUCA's economic interests prevail.
XIX.1.
In the event of a breach of the following points, the customer is obliged - without prejudice to any higher claims for damages by PAYUCA - to pay a contractual penalty in the form of PAYUCA credits to PAYUCA, the amount of which can be found in the tariff sheet:
XIX.2.
The contractual penalty will be debited from the customer's user account. If the customer's number of PAYUCA credits there is not sufficient and the user account is not recharged within 7 days, calculated from the time of the overdraft, PAYUCA is entitled to issue an invoice for the open claim together with any reminder fees incurred (point VI.7. ) by e-mail to the customer concerned. If there is no value date of the open amount on PAYUCA's account within 7 days after the invoice has been sent, PAYUCA is entitled to hand over the claim to its legal representative or a collection agency for collection.
XIX.3.
The right to towing according to point XIV.2. remains unaffected.
XX.1.
Any claims against PAYUCA must be asserted in court by the customer within six months or they will lapse. This period begins to run from the due date of the claim.
XX.2.
For any claims for damages asserted against PAYUCA, the beginning of the period for the expiry within the meaning of point XX.1. triggered by knowledge of the damage, whereby an absolute limitation period of three years from the event causing the damage is also agreed, after which any claims have expired in any case.
XXI.1.
An offsetting of claims of the customer that are neither legally related to the customer's liability nor have been determined by a court or recognized by PAYUCA against claims of PAYUCA is excluded; this ban on offsetting also applies after the contract between PAYUCA and the customer has ended, but does not apply in the event of PAYUCA's insolvency.
XXI.2.
An assignment of claims against PAYUCA is prohibited and not effectively possible without the written consent of PAYUCA.
XXII.1.
In accordance with § 11 etseq. of the Distance and External Business Act, the customer is entitled to withdraw from the concluded contract within 14 calendar days (date of purchase of PAYUCA credits). The withdrawal period begins when the PAYUCA credits are purchased for the first time.
XXII.2.
If you want to make use of your right of withdrawal, your withdrawal is against the
PAYUCA GmbH
Handelskai 92, Gate 2, 3.OG
1200 Vienna
E-Mail: office@payuca.com
to declare explicitly. To meet the cancellation deadline, sending the cancellation in good time is sufficient if the declaration is made on a durable medium (e.g. letter, e-mail).
XXII.3.
We also point out that within the withdrawal period, the fulfillment of the contract may only begin after your express consent has been obtained. In this case, we are entitled to demand the agreed fees and reimbursement of expenses for services rendered by PAYUCA GmbH before the end of the cancellation period to which you are entitled.
XXIII.1.
For all claims arising from or in connection with contracts concluded between PAYUCA and the customer, the exclusive jurisdiction of the factually competent court in Vienna is agreed, unless the place of jurisdiction for the item in question or a consumer place of jurisdiction is mandatory.
XXIII.2.
Austrian substantive law applies exclusively to the contract concluded between PAYUCA and the customer, unless other statutory provisions are mandatory.
XXIV.1.
The customer acknowledges that the PAYUCA app is constantly being improved and optimized. If an update of the PAYUCA app is required, the customer will be informed when starting the PAYUCA app and can confirm the download and any associated changes to these general terms and conditions by pressing a button on the display of his smartphone.
XXIV.2.
PAYUCA reserves the right to change these general terms and conditions at any time and to notify the customer of this via a pop-up in the PAYUCA app, on the PAYUCA website and by email. The customer can agree to this change by pressing a corresponding button on the display of his smartphone. At the latest before the conclusion of a new rental contract for a parking space according to point IX. the customer must accept the change to the general terms and conditions, otherwise no rental contract can be concluded with PAYUCA.
XXIV.3.
If a notification of a change to these general terms and conditions is made together with a reference to an update, the customer can only accept both at the same time.
XXIV.4.
A change to these General Terms and Conditions will apply to all future Rental Agreements from the moment it is accepted by the Customer.
XXV.1.
The validity of these general terms and conditions or a rental contract concluded between PAYUCA and the customer is not affected by the ineffectiveness of individual provisions. An ineffective provision is to be replaced by the contracting parties with another valid and permissible provision that most closely corresponds to the sense and purpose of the omitted provision.
XXV.2.
Subsidiary agreements were not made or it is hereby agreed that these are canceled by mutual agreement with the acceptance of these general terms and conditions.
XXV.3.
All communications from the customer to PAYUCA must be made in writing, preferably by e-mail, unless these general terms and conditions expressly provide otherwise
XXV.4.
Availability:
PAYUCA GmbH
Handelskai 92, Gate 2, 3.OG
1200 Vienna
E-Mail: office@payuca.com
T: +43 1 307 5622
E: office@payuca.com
Commercial register number: FN 440762f
VAT number: ATU69942315
Commercial Court: Vienna, Austria
DVR: 4017740
Managing director:
Dominik Wegmayer
Hotline
+43 800 22 00 75
*Anrufe aus Deutschland kosten 0,19€/Minute.
E-Mail-Adresse
support@payuca.com
