1. General Provisions
1.1 Use of the parking spaces (hereinafter referred to as the ‘car park’) is only permitted following the conclusion of a contract of use.
1.2 The contract of use is concluded exclusively between Hochkar & Ötscher Tourismus GmbH (hereinafter referred to as the ‘car park operator’) on the one hand, and the user of the car park, subject to compliance with the car park regulations in the version valid for the parking period, on the other hand.
1.3 Any use of parking spaces that has not been demonstrably authorised by Hochkar & Ötscher Tourismus GmbH is legally invalid and therefore unauthorised (trespass).
2. Subject-matter of the contract
2.1 Upon conclusion of the contract of use, the user acquires the right to park a roadworthy, safe and officially registered motor vehicle in a free and suitable parking space between 7.00 and 20.00. Excluded from these usage times are zones separately marked by the car park operator which are reserved for catering establishments, overnight guests and multi-day parkers, as well as exceptional arrangements during events organised by Hochkar & Ötscher Tourismus GmbH.
2.2 This contract of use is concluded upon purchase of the car park ticket (online or at the on-site lift ticket office) for the vehicle registration number specified at the time of purchase. Should the user wish to use the car park with a different car (different registration number) to the one specified at the time of the online purchase, this must be reported immediately at the ticket office or via email to the car park operator.
2.3 By entering into this contract of use, the user agrees to the provisions of these car park regulations.
2.4 The provisions of the Road Traffic Regulations (StVO), in their currently valid version, apply in the car park. The maximum permitted speed in the car park is walking pace.
2.5 The surveillance and safekeeping of the motor vehicle, its accessories, and any items located inside the vehicle or brought into the car park with the vehicle are not covered by this contract.
2.6 Marked disabled parking spaces may only be used by disabled persons with a valid, clearly visible disability card in accordance with Section 29b of the Road Traffic Regulations (StVO).
3. Liability provisions
3.1 Use of the car park is at your own risk. The car park operator shall not be liable for the conduct of third parties, or for theft or burglary. The car park operator shall only be liable for damage to a motor vehicle if such damage was caused by the operator or its staff through wilful misconduct or gross negligence. This also applies to the re-parking of the motor vehicle, which is carried out by the car park operator’s staff at the express request of the user.
3.2 Furthermore, the car park operator shall not be liable for damage caused directly or indirectly to a parked motor vehicle by force majeure.
3.3 The user undertakes to secure and lock the parked motor vehicle properly.
3.4 The instructions of the car park operator and its staff must be followed in the interests of smooth operation and safety.
3.5 Any damage to car park facilities or to other motor vehicles caused by the user must be reported to the car park operator immediately and before leaving the car park; the same applies to any damage discovered to the user’s own motor vehicle. Such damage must be reported to the car park operator immediately upon discovery, documented photographically and sent to the car park operator together with the damage report. Damage to vehicles reported after leaving the car park cannot be accepted. Any statutory reporting obligations remain unaffected by this.
4. Usage fees and operating hours
4.1 Motor vehicles may only be parked in the car park with a valid and lawfully obtained parking ticket.
4.2 The current rates and any other charges can be found online in the webshop and on the information boards on site.
4.3 Parking is only permitted between 7.00 and 20.00 (daily). Uninterrupted parking of a vehicle for an extended period (e.g. for several days) and parking between 20:00 and 07:00 is not permitted. Exceptions to this rule are separately marked zones reserved for catering establishments, overnight guests and multi-day parkers, as well as special arrangements during events organised by Hochkar & Ötscher Tourismus GmbH.
4.4 The parking fee must be paid no later than the start of the parking period.
5. Parking the vehicle
5.1 The vehicle must be parked in such a way that it does not obstruct third parties or result in the unauthorised use of designated parking spaces, such as disabled parking spaces, other reserved spaces (e.g. spaces for electric vehicles), etc. Similarly, parking vehicles in a manner that contravenes traffic regulations is prohibited.
5.2 In the event that a vehicle is parked in the car park in contravention of these car park regulations – in particular where towing would be justified under the Road Traffic Regulations (StVO) – or if the permitted parking duration is exceeded, the car park operator is entitled to take legal action against the vehicle’s registered owner. The costs incurred as a result will be charged to the registered owner.
6. Regulations
6.1 Only motor vehicles that are roadworthy, safe to operate and authorised for road use may be parked in the car park.
6.2 The following are prohibited in particular:
- the use of fire and naked flames;
- the parking and storage of objects of any kind, in particular flammable and explosive substances;
- carrying out maintenance, servicing, cleaning and repair work, such as, in particular, refuelling vehicles and draining coolant;
- leaving the engine running for prolonged periods or sounding the horn;
- parking a vehicle with a leaking fuel system or other safety-related faults;
- parking a vehicle in a way that obstructs traffic;
- distributing advertising material without the prior written consent of the car park operator;
- obstructing snow clearance or gritting operations with parked vehicles.
6.3 The car park operator’s staff may issue additional instructions at any time. These instructions must be followed in all circumstances.
7. Parking without a parking ticket and procedure in the event of infringements
7.1 Parking a vehicle without a valid and lawfully obtained parking ticket constitutes a trespass.
7.2 In such a case, the car park operator is entitled to have the vehicle removed or towed away at the owner’s expense. Furthermore, the car park operator or a third party commissioned by it reserves the right to charge a penalty fee (covering the costs of documenting the trespass, tracing the vehicle’s registered owner and other related administrative tasks).
This also applies if the parked vehicle is parked in contravention of the provisions of these car park regulations.
7.3 In the event of late payment, the claim will be pursued by a service provider commissioned by the car park operator to handle the matter and/or a solicitor, in which case the registered owner must also reimburse the costs incurred (in particular, reminder, tracing and legal fees) within 30 days.
7.4 In the event of breaches of these car park regulations, the car park operator is entitled to take civil legal action (action for disturbance of possession, action for damages and/or a demand for the submission of a declaration of undertaking to desist).
8. Video surveillance
8.1 For the purposes of car park management, including the automation and streamlining of the service for vehicles for which a parking ticket has been booked, the car park operator, as the data controller, uses a video surveillance system which is operated in accordance with the provisions of the GDPR. The processing of personal data, including vehicle registration numbers, takes place for a maximum period of 48 hours (video recordings) for the purpose of fulfilling the contract and on the basis of the data controller’s legitimate interest in efficient car park management.
8.2 Personal data, including vehicle registration numbers, which is collected and stored by the data controller in connection with the user’s request to move their vehicle or to park without a parking ticket, shall be deleted immediately, as soon as the purpose of the processing has been fulfilled and no statutory retention period precludes early deletion.
8.3 Further information regarding the data controller and data protection can be found in the privacy policy.
9. Place of performance and jurisdiction
9.1 It is agreed that Austrian law shall apply exclusively to this User Agreement and to any legal disputes arising from or in connection with it.
9.2 For consumers who are resident in Austria at the time the contract is concluded, the statutory places of jurisdiction shall apply.