Terms and Conditions AV.Park

Preamble

Aventit AG (hereinafter referred to as "Aventit") offers services under the name of "AV.Park", which enables registered and non-registered users (natural persons or legal entities, hereinafter referred to as "Users") to process the use of appropriately equipped parking spaces.
On behalf of and with the authorization of the operators of parking lots connected to the AV.Park system (municipalities, cities, operators of parking garages, etc., hereinafter referred to as "Operators"), Aventit undertakes the collection and cashless settlement of the accrued fees vis-à-vis the user.
The billing is done via an AV.Park account, which is created for the user during the one-time registration. The AV.Park account can be viewed online by the user at any time.
By using parking spaces with the AV.Park system, the user authorizes Aventit to debit the parking fee incurred at the applicable rates to his/her AV.Park account or via e-payment.
The user undertakes to pay the fees debited to the AV.Park account using the selected payment method. The AV.Park functions can be used only if the user is not in default of payment.

Registration and cancellation of an AV.Park account

The user must register once via the internet by providing his/her personal data and agreeing to these General Terms and Conditions (hereinafter referred to as "GTC") and the separate Privacy Policy. The registration is free of charge. There is no right to registration. Both the user and Aventit may cancel an AV.Park account at any time without notice. Aventit is also entitled to block the account at any time if:

  • the User violates the GTC or applicable law,
  • a direct debit cannot be honored
  • the user is in default of payment
  • the user has provided false information
  • misuse is suspected.

Upon cancellation of the AV.Park account, any remaining balance shall be transferred to the user or the user shall owe the remaining balance within 30 days.

User contract

By agreeing to the GTC during registration, a contract based on them is concluded between Aventit and the user.
The user has neither a right of withdrawal nor a right of return of the services obtained.

Information obligation of the user

The user undertakes to immediately make changes to his/her personal and contractual data online in his/her account. This obligation refers in particular to the change of the billing address, the method of payment, the license plates of his vehicles and the debit/credit cards.
If the user does not comply with his obligation to provide information, Aventit is entitled to charge the user for the additional expenses incurred by it. If the user does not notify Aventit of a change of address and therefore does not receive legally relevant notices from Aventit sent to the address last notified by the user, such notices shall nevertheless be deemed to have been received.

User's duty of care

The personal login and password set by the user, which can be changed by the user at any time, shall be kept strictly confidential. The login with password is required to view the personal AV.Park account and shall be changed from time to time. If the User discovers any misuse of his/her AV.Park account, he/she is obliged to change the password to the account immediately, as well as to delete the affected cards in his/her account or to inform Aventit about it immediately, so that his/her AV.Park account can be blocked. The same applies in case of loss or theft of a registered debit/credit card.
In the event of misuse by third parties, the user will not be liable for any damages charged after Aventit has received notification.

Fees

For the use of the pay parking spaces, the user will be charged the parking fees according to the rates of the parking operator. In the event of a corresponding, explicit reference in the app, surcharges are levied by individual operators for the use of the AV.Park basic functions.
The user will be clearly informed of any surcharges in the AV.Park app before and after activation of the corresponding additional function.
If communication costs (internet and cell phone charges) are incurred for the use of the AV.Park functions, these shall be borne by the user.

Outstanding payments

In the event of arrears not paid on time or in the event of rejection or revocation of a debit (LSV+ or DebitDirect), the corresponding AV.Park account will be blocked in reverse until the accrued fees have been paid.

Error case or incorrect use of the system

If the user does not succeed in starting a parking procedure when using the "Parking with Smartphone" function, he/she is obliged in any case to pay the parking fee in the conventional way at a parking meter. If there is no parking meter, the user is not allowed to park. The parking process is considered to be started when the AV.Park system explicitly confirms it.
If the user wishes to terminate the parking process in the start/stop procedure and the AV.Park system is not available, the user must immediately contact the Aventit helpdesk (+41 79 444 56 06).

Parking fines

If the user receives a parking fine and disputes it, he/she must contact exclusively the office listed on the corresponding receipt.
If it can be proven that a correct parking procedure has taken place with the AV.Park system, Aventit will confirm this to the relevant office with supporting documents. In any case, the competent body will decide on the cancellation of a parking fine. Aventit is in no case liable for parking fines to be paid.
Maximum parking times and bans on additional payments apply in all cases, even when using the AV.Park system. When the applicable maximum parking time is reached, the parking process is automatically terminated.
At the end of each parking process, the vehicle must leave the parking lot; if this is not the case and a new parking process is started, a parking fine must be expected despite a valid parking process. This does not apply to parking lots where additional payment is permitted in accordance with the applicable regulations.

Liability

Aventit is liable for damages according to the statutory provisions, provided that these are due to intent, gross negligence or the culpable breach of essential contractual obligations by Aventit.
Aventit does not assume any responsibility or liability for the continuous availability of the AV.Park functions, in particular with regard to the availability of mobile networks and the functionality of mobile devices.
In case of unavailability of the AV.Park system, Aventit cannot be held responsible for any consequential costs incurred such as parking fines, towing fees, etc.
Aventit accepts no liability for incorrect or non-termination of parking procedures. Aventit cannot guarantee that reminder messages (SMS, Push, etc.) of an ongoing parking process will always be delivered on time or at all.

Changes or additions to these terms and conditions

Aventit reserves the right to change these terms and conditions at any time and without giving reasons.
Changes or amendments will be communicated to the user in writing or by e-mail.
Newly received GTC shall be deemed approved if the AV.Park user does not declare his objection in writing within one month. If any provision of these GTC is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply to any loopholes.
Verbal collateral agreements shall not be valid.

Applicable law and place of jurisdiction

The contractual relationship is subject to swiss law. The place of jurisdiction is the registered office of Aventit.