Terms and Conditions

By using this car park, the driver enters into a contract with Smart Parking AG (hereinafter referred to as “Smart Parking”) under the following General Terms and Conditions (hereinafter referred to as “GTC”):

Subject matter of the contract

1. The car park and parking spaces may only be used for temporary parking within the meaning of the contract and may not be used for other purposes (e.g. repairs, transit, shortcuts, etc.).
2. The use of these parking spaces is only permitted if the vehicle is registered with the vehicle licensing authority, all number plates are affixed to the vehicle in accordance with the law, and the vehicle is covered by motor vehicle liability insurance.
3. This contract exclusively governs the right to use the parking spaces in accordance with these GTC. The provision of a parking space does not constitute a duty of care on the part of Smart Parking. In particular, the vehicles are neither guarded nor kept in safekeeping.
4. The user has no right to the actual provision of an available parking space.
5. The provisions of the Road Traffic Act (Strassenverkehrsgesetz, SVG) and the Ordinance on Road Signs (Signalisationsverordnung, SSV) apply to the use of the parking areas, unless otherwise specified in these General Terms and Conditions. Existing signage, automatic traffic guidance systems and all traffic and information signs installed on site are to be observed. The instructions of the parking attendants or supervisory staff employed by Smart Parking are to be followed.

Contract commencement

6. The contract commences when you enter the car park and ends when you leave.
7. Compliance with these General Terms and Conditions is monitored by Smart Parking by automated detection on entry and exit or by manual checks carried out by authorised personnel.
8. Number plate recognition is used exclusively to determine the duration of use and, in the event of violations, to request information about the vehicle keeper. Number plate recognition does not result in any additional contractual obligations.

Obligations of the driver

1. A parking disc is to be placed in a clearly visible position behind the windscreen of the vehicle and set to the actual time of arrival, provided this is specified by a corresponding sign.
2. A valid parking authorisation is to be displayed (e.g. disabled badge, resident’s or visitor’s parking permit, other proof of permission from a company) and placed in a clearly visible position behind the windscreen, if this is also required by the signs.
3. If the signs or local notices indicate that a fee is payable, a parking fee (rent) is to be paid for the use of the parking areas in accordance with the tariffs displayed. Payment is to be made using the specified payment methods (e.g. ticket machine, mobile payment).
4. The maximum permitted parking time, which is indicated by the signs, including any additional parking time purchased, must not be exceeded. Parking is only permitted during the opening hours indicated on the signs.
5. The vehicle may only be parked within the areas designated for parking vehicles, not in throughways or fire brigade access areas. If there are no visible parking space markings, the vehicle is to be parked in such a way that other users are not obstructed and/or endangered and that access by the fire brigade is always possible.
6. The vehicle may not be parked in parking spaces reserved for employees or other authorised users without the appropriate parking authorisation.
7. Special parking spaces are reserved exclusively for the user groups indicated on the signs. These parking spaces may only be used by the respective authorised persons.
8. The parking area and parking spaces may only be used for temporary parking within the meaning of the contract and may not be used for other purposes (e.g. repairs, transit, shortcuts, etc.).

Consequences of a breach of the driver’s obligations

9. In the event of a breach of this contract and of the driver’s obligations, a flat-rate compensation fee of CHF 55 is payable. We expressly reserve the right to claim higher damages actually incurred.
10. If a vehicle is parked overnight in the car park or on a parking space without the appropriate authorisation, thus breaching these Terms and Conditions, from the day following the initial breach, the driver is liable to pay additional flat-rate compensation in the same amount for each additional calendar day commenced. Each calendar day commenced is considered a new breach. The obligation to pay compensation is limited to a maximum of ten times the flat-rate compensation indicated on the sign.
11. The amount of the flat-rate compensation fee is determined by the notices displayed at the location.
12. For vehicles with foreign number plates, an increased flat-rate compensation fee of CHF 80 is charged due to the additional difficulty in determining the identity of the vehicle keeper and enforcing the claim.
13. If information is requested about a vehicle keeper due to a detected breach of these General Terms and Conditions, any actual fees incurred are charged in addition to the flat-rate compensation fee.
14. The operator is entitled to have vehicles towed away from the parking area at the expense and risk of the driver if they have been parked without authorisation and/or in breach of these Terms and Conditions.

Liability

15. During the term of the contract, the operator is only liable for damages that are demonstrably caused by it, its employees or auxiliary persons engaged by it as a result of intentional or grossly negligent breach of duty.
16. Any further liability, in particular for slight negligence, is excluded to the extent permitted by law.
17. No liability is accepted for damage caused by natural events, force majeure, third parties or other drivers.
18. Liability for indirect damage, consequential damage or loss of profit is excluded in all cases, to the extent permitted by law.

Reporting of damage

19. Any damage which Smart Parking is held responsible for is to be reported in writing or by email within 14 days of its discovery. If the driver fails to report the damage within this period, any claims for compensation are forfeited. This exclusion does not apply to personal injury or damage caused by the operator intentionally or through gross negligence.

Miscellaneous

20. The driver acknowledges that, in the event of suspected breaches of these General Terms and Conditions, information about the vehicle keeper may be requested from the competent vehicle licensing authority.
21. The above provisions apply regardless of whether Smart Parking’s liability is based on contract, non-contractual claims or any other legal grounds.
22. Should any individual provision of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision is to be replaced by the legal provision that most closely reflects the economic purpose of the provision concerned. The same applies to any gaps in the provisions.
23. These Terms and Conditions are governed exclusively by Swiss law, excluding conflict of law rules and private international law, insofar as this is legally permissible.
24. The place of jurisdiction for all disputes arising in connection with the use of the parking areas is the registered office of the operator, unless mandatory statutory provisions prescribe a different place of jurisdiction.