General terms and conditions for our long-term renters

 

AMAG Parking AG, Opéra Parkhaus AG, Parkhaus Messe Zürich AG
Kloten April 2024

 

Plural pronouns (e.g. they, their) are used in place of singular pronouns (e.g. he, she, his, her) in these GTC. These General Terms and Conditions are recognized by the contracting parties as an integral part of the rental agreement. In addition, the respective version of the Terms and Conditions of Use published on the rental company website shall apply.

The rental company provides the renter with a parking space in a car park operated by the rental company on the terms and conditions set out in the rental agreement. The renter is allowed to use the rented space solely as a car parking space. Use of the space for parking motorcycles, mopeds, bicycles, etc. is prohibited. No repairs or maintenance work may be performed on the parked vehicles. Furthermore, the renter is prohibited from

 

o   washing their car in the multi-storey car park.

o   storing objects of any kind, particularly fuels or car accessories.

o   leaving vehicles in the forecourt or entrance areas.

o   leaving their car engine running unnecessarily.

o   causing unnecessary noise.

In all amag car parks (except PH Diana) the access is by means of automatic plate number recognition. To activate the plate number recognition, the licence plate number(s) are recorded in the renter profile and then will be recognised by the cameras on entry and exit.

A personal QR code is sent by e-mail (PDF, Apple/Google Wallet) as an additional access medium. The QR code is used if the licence plate number cannot be read (e.g., snow, poorly legible plates, etc.) and is required to access closed door-/gates and/or activate the lift. 

The renter receives a rental card free of charge. If required, additional cards (max. 4 rental cards for sharing) can be obtained at a cost of CHF 35 per card. The loss of one or more rental cards must be reported to the rental company immediately and the renter will be charged CHF 35 per card. The rental cards must be returned to the rental company at the end of the contract.

If the car park is full (occupied), the renter is yet entitled to a parking space or entry to the contractually agreed car park. Any unoccupied parking space may be used, apart from parking spaces reserved or blocked in accordance with the corresponding designation, labelling or signage. 

Subletting of the parking space in exchange for payment requires prior written approval from the rental company.

Up to four vehicles or plate numbers can share a parking space. Only one vehicle can enter and exit or use the car park at a time. Vehicle models, owners and licence plate numbers must be reported to the rental company.

Renters use the car park at their own risk. Liability of the rental company is excluded to the extent permitted by law. The rental company is not liable for theft of or damage to the parked cars caused by third parties. The renter is responsible for arranging insurance against damage of any kind. The renter is responsible for all damage that they cause while using the car park or because of non-compliance with contractual or legal requirements.

 

The charging process can be activated by a supported charging card (RFID) or by scanning the QR code on the charging station via the installed charging app. If neither a charging card nor a charging app is available, the QR code on the charging station can simply be scanned. After entering the credit card details, the charging process starts.

Renters who have not taken out a monthly subscription including electricity pay the end consumer price, which is set by the relevant charging card provider or operator (e.g. Swisscharge, TCS, Move, charge:on, etc.). The renter must independently inform himself about the costs and fees incurred.

The renter is responsible for fulfilling the necessary technical and legal requirements/regulations to be able to start the charging process at a charging station (e.g. mobile phone, active data connection, suitable charging cable, etc.).

The renter acknowledges that the charging capacity depends on the number of vehicles being charged and can therefore vary, which can have an impact on the duration of the charging process. The renter is not entitled to a minimum charging capacity (kW). The charging stations for our long-term renters are signposted as such in the car park.

The renter can choose between individual monthly subscriptions excl. and partly incl. electricity in each car park.

The monthly subscription entitles the renter to use the car park for the period of use specified in the rental agreement or up to the maximum specified period of use. Unused time expires without compensation and is not carried over to the following month.

If the period of use agreed in the contract is exceeded or the car park is used outside the agreed period of use, this additional parking time will be charged in the following month at the rates specified in the rental contract and invoiced separately, but no later than the end of the rental contract.

In addition to the provision of a parking space (see Section 7), the monthly subscription including electricity includes a charging card in accordance with this Section 7.1.

The renter will be charged a one-off fee of CHF 35 per charging card for the purchase of additional charging cards (max. 3 cards). In addition to the subscription fee, a monthly fee will be charged for each additional charging card (which will be notified to the tenant at the latest when the order is placed).

Each charging card includes the use of electricity at charging stations in the agreed car park to the extent of the contractually agreed kWh package per month. Any additional kilowatt hours used will be charged at the kWh price specified in the rental agreement and invoiced separately to the renter monthly.

All charging card(s) must be returned to the rental company immediately at the end of the contract. The renter will be charged CHF 35 per card for each lost or unreturned charging card.

The rental company has the right to change the included charging services (kWh package) and the prices for electricity consumption not included in the kWh package at any time. Such changes will be communicated 30 days in advance in written form or by email.

The AMAG Group determines tariff and product-related public holidays for each canton. There are a total of nine public holidays per calendar year per canton.

 

Canton of Zurich:                            New Year's Day, Good Friday, Easter Monday, Ascension Day, Whit
                                                             Monday, August 1, Christmas Day, St. Stephen's Day, Labor Day

Canton of Berne:                             New Year's Day, Good Friday, Easter Monday, Ascension Day, Whit
                                                             Monday, August 1, Christmas Day, St. Stephen's Day, Berchtold's Day

Canton of Schaffhausen:              New Year's Day, Good Friday, Easter Monday, Ascension Day, Whit
                                                            Monday, August 1, Christmas Day, St. Stephen's Day, Labor Day

Canton of Solothurn:                     New Year's Day, Good Friday, Ascension Day, Christmas Day,
                                                            August 1, Assumption Day, All Saints' Day, Corpus Christi, Labor Day

Canton Zug:                                      New Year's Day, Good Friday, Ascension Day, Christmas Day,
                                                            August 1, Assumption Day, All Saints' Day, Corpus Christi, Conception Day

Any change to the VAT rate entitles the rental company to adjust the subscription fee or its conditions on the same date. The rental company shall inform the renter of this in good time in written form or by email.

The rental company must inform the renter of any such changes in good time. Any other changes to the subscription fee are subject to the notice period specified in the rental agreement and must be communicated in written form or by email.

The subscription fee and the fees for additional charging cards are charged monthly and the renter receives a PDF invoice by e-mail. The subscription fee can be paid by standing order and must be paid in advance, at the latest on the last day of the previous month.

Any additional costs and fees will be invoiced as they are incurred, if necessary, monthly. These invoices must be paid within 30 days.

In the event of failure to commence the rental contract or premature cancellation within 14 days prior to the commencement of the rental period, a conversion/cancellation fee of CHF 150.00 will be charged.

The period of notice is one month, terminable at the end of a quarter (March/ June/ September/ December). In the case of a fixed-term tenancy, this shall terminate automatically on reaching the end date.

If the renter wishes to extend the term of the lease, he/she must send a written request to the rental company no later than 7 days before the end date. If the renter wishes to end the rental agreement without adhering to the agreed notice periods and deadlines, they will be liable for the rent and any other rental obligations until the space has been rented again or until the next contractual cancellation date, whichever is sooner. The rental company must be notified accordingly by registered letter sent to their postal address.

The period of notice is one month, terminable at the end of a quarter (March/ June/ September/ December). In the case of a fixed-term tenancy, this shall terminate automatically on reaching the end date.

If the renter wishes to extend the term of the lease, he/she must send a written request to the rental company no later than 7 days before the end date. If the renter wishes to end the rental agreement without adhering to the agreed notice periods and deadlines, they will be liable for the rent and any other rental obligations until the space has been rented again or until the next contractual cancellation date, whichever is sooner. The rental company must be notified accordingly in written form or by email.

Rent payments delayed by 10 days or more and violations of the provisions of this rental agreement shall entitle the rental company to terminate the agreement immediately without any further warning.

The renter’s personal data and the license plate number are stored in the car park’s local database and is processed in compliance with the currently applicable statutory data protection requirements. Further information on data protection can be found in the respective version of the privacy policy published on the rental companies’ website.

The absence of the renter or non-use of the car park or parking lot does not justify a reduction in the subscription fee.

The rental company is permitted to affix a license plate to the vehicles authorized to park. Vehicles without license plates may only be parked with the rental company’s permission. The renter may not offset any counterclaims. The renter undertakes to follow all instructions of the operating personnel.

The place of jurisdiction for any disputes arising from this rental agreement is the location of the rented parking space. The provisions of Swiss tenancy law (Art. 253 et seqq. Swiss Code of Obligations) apply to the rental agreement.

There are no verbal agreements. The rental company reserves the right to amend these GTC at any time and without stating reasons. The rental company shall notify the renter of forthcoming amendments in good time. Amendments to these GTC shall become part of the contract if the rental company does not expressly object to the amended GTC within fourteen (14) days of notification of the amendment. In the event of a rejection of the amended GTC by the rental company, the renter reserves the right to terminate the contractual relationship at the end of any month, subject to a notice period of one month.