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