Terms and Conditions – FLOW

User Terms and Conditions

AT A GLANCE

These conditions apply to the use of the APCOA GmbH platform and the access to Services & Products.

Access to the Platform allows You to access and purchase Services & Products that are available in certain locations. These Services & Products are provided under APCOA brands or, as the case may be, made accessible under a Third-Party Provider brand.

For Third Party Provider Services & Products, You directly contract with the Third-Party Provider.

APCOA act as an intermediary through which You can access and purchase those Third-Party Provider Services & Products. You hence acknowledge that Third Party Provider Services & Products are provided by Third Party Providers and in no case by APCOA GmbH.

You may be required to accept additional terms that govern your use of the Platform from time to time.

Please read the current terms carefully. They contain information about the Services, your rights and other important information.

Please note that not being totally focused on the road can be dangerous and APCOA warmly advise You not to use any of the Platform whilst driving. In any case, it is strictly forbidden to non-verbally interact with the Platform until You stop driving.

PLEASE READ THESE GENERAL TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

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1. Intro

These General Terms & Conditions as amended from time to time set forth the terms and conditions under which You may have access to the Services & Products. Therefore, Your access and use of the Platform are subject to these Terms. These Terms must hence be read and agreed by You before Your access to the Platform and Your ability to use the Services or order the Products.

Your agreement to these Terms establishes a contractual relationship between You and APCOA GmbH. If You do not agree to these Terms, You may not access the Platform nor the Services & Products provided through the Platform.

These Terms expressly supersede prior agreements or arrangements that You and APCOA GmbH may have in relation to the same purpose.

Be aware that Supplemental Terms may apply to some or all Services & Products in case, for instance and without limitation, of a particular event, activity or promotion, dedicated Services & Products to certain locations. Such Supplemental Terms will be disclosed to You and shall be accepted by You before having access to the Services & Products on which such Supplemental Terms apply.

Supplemental Terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services & Products, after having been read and agreed to by You. Except otherwise specified within the Supplemental Terms, the latter shall prevail over these Terms in the event of a conflict with respect to the applicable Services & Products.

APCOA GmbH may amend the Terms from time to time. You’ll be informed of such Amendments. Unless otherwise specified in the information notice or required by the law, the amended Terms will be effective immediately.

Your continued access to the Platform after APCOA GmbH provides such information notice will confirm Your acceptance of the changes. If You do not agree to the amended Terms, You must stop accessing and using the Services. If required by the law, You would be requested to accept those amendments before accessing the Platform and/or using the Services.

You acknowledge that You are and remain free at all times to use or not to use the Platform.

The collection and use by APCOA GmbH of personal information in connection with the Services & Products are as provided in the Privacy Policy.

In any case, APCOA GmbH may provide to any legal advisor or any insurer all necessary information (including Your contact information) if there is a complaint, dispute or conflict, and only if such information or data is necessary to resolve the complaint, dispute or conflict.

2. Definition

2.1 APCOA GmbH:

means the entity You are contracting with under this agreement for the access to the Platform, and, as the case may be the use of the Services. .

2.2 You:

means you as an individual using the Platform for your own private or business needs as per described in these Terms.

2.3 Platform:

means the complete technological solution provided by APCOA GmbH that enables You to have access to the Services and Products.

2.4 Your Local APCOA:

means the local entity by which the Platform is locally made available, promoted, and supported. You can find the list of Your Local APCOA here.

2.5 Third Party Provider:

means third party providers, including Your Local APCOA, with which APCOA GmbH cooperate so You can access and purchase Third Party Provider Services and/or Third-Party Provider Products via the Platform.

2.6 Terms:

means the present Terms amended from time to time and the potential Supplemental Terms applicable to dedicated Services, Products and/or locations.

2.7 Supplemental Terms:

means any additional, specific applicable terms that related to Services & Products or certain locations.

2.8 Services:

means APCOA GmbH, or Your Local APCOA Services, or Third-Party Provider Services You have access to through the Platform. Services are displayed through the Platform, and the availability of such Services might depend on the country and exact location.

APCOA GmbH is entitled at any time to change the Services in whole or in part, in particular to make new Services available or to discontinue some Services.

2.9 Third Party Provider Services:

means services carried out by a Third-Party Provider, including the possibility to buy Third Party Provider Products, and made available for You through the Platform. You can find the list of available Third-Party Provider Services here.

For sake of clarity, APCOA GmbH is not in charge of providing to You the Third-Party Provider Services.

2.10 APCOA GmbH Services:

means services that are not Third-Party Provider Services such as the access to the Platform. This includes the Mobile App, the Website, the billing service, the e-ticketing delivery, the access to the Third-Party Provider Services, the account management and the payment processing.

2.11 Your Local APCOA Services:

means services provided by any Your Local APCOA to You through the Platform. Those Services are directly performed by Your Local APCOA under APCOA trademarks. You can find the list of available Your Local APCOA Services here.

2.12 Products:

means any goods that You can order through the Platform. Those goods can be provided either directly by Your Local APCOA or any Third-Party Provider, as the case may be. For sake of clarity, APCOA GmbH is not in charge of providing to You Third Party Provider Products, only Third-Party Providers and Your Local APCOA

2.13 Third Party Provider Products:

means goods sold by Third Party Provider via the Platform. You can find the list of available Third-Party Provider Products here.

2.14 Your Local APCOA Products

means goods directly sold by Your Local APCOA. You can find the list of available Your Local APCOA Products here.

2.15 Account:

means the personal user account You or Your Administrator might create for You to be able to request the Services and/or Products, for your private use or, as the case may be, and if declared as such, for your professional use.

2.16 Access Interfaces:

means the mean of access of the Platform as specified in clause 4.2. hereafter.

2.17 Administrator:

means the representative of Your employer and/or company contracting the Business Services Offer with Your Local APCOA and who might create an Account You can have access to. You confirm You have been made aware and shall comply with Your employer and/or company internal policies regarding the usage of the Platform for business purposes.

3. Services & Products

Once Your Account is set, You can access the Services and Products available to Your location, such as, and without limitation, parking either on street, off street, automatic or with barrier, eV charging, digital services and offers and discounts with any of our partners.

Unless otherwise agreed by APCOA GmbH in a separate written agreement with You, the Platform is made available solely for Your personal usage.

4. Access to the Platform

4.1 Account

In order for You to get the best experience out of the Platform and full access to available Services & Products, You must register, or be registered by Your Account Administrator, and maintain an active Account as a private individual (whether for personal or professional purposes).

You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account and have access to the Services & Products.

Account registration requires certain personal information and, as the case may be, company information, such as Your name, address, mobile phone number, e-mail address, license plate, geolocation, company name (in case of business usage), as well as at least one valid authorised payment method https://www.apcoa.com/business-lines/.

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method, may result in Your inability to access or use the Services & Products.

You are responsible for all activities that occur under your Account, and You agree to always maintain the security and secrecy of Your Account username and password. You are solely responsible for use of Your Account and You agree to notify Your Local APCOA immediately in the event of any unauthorised use. Unless otherwise permitted by APCOA GmbH in writing, You may only possess one Account.

You acknowledge that You are responsible to provide all required and accurate information to perform any transaction properly.

Your recent transaction details can be found within Your Account.

You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Platform, and You may only access or use the Platform for lawful purposes.

You will not cause nuisance, annoyance, inconvenience, or property damage, whether to APCOA GmbH (or any of its affiliates), to the Third-Party Provider or to any other third-party. In certain instances, You may be asked to provide proof of identity or other method of identity verification to access or use the Services & Products, and You agree that You may be denied access to or use of the Platform and/or Services & Products if You refuse to provide proof of identity or other method of identity verification.

You are responsible for complying with all laws, regulations, restrictions, rules, policies and terms applicable to the Services & Products and especially to the relevant Third-Party Provider Services & Products, which shall take precedence over any information that you receive from APCOA GmbH.

4.2 Access Interfaces

You can access the Platform via one of the Access Interfaces made available to You, including – as far as applicable – mobile applications, the web page, text messaging/SMS, Interactive Voice Recognition (IVR) by telephone, in-car applications, vehicle telematics, access card or token and automatic license plate Recognition (ANPR). Access Interfaces are under continuous development and may be updated from time-to-time or discontinued at APCOA GmbH sole discretion.

You must comply with Your Access Interfaces instructions at all times and keep your Access Interfaces up to date e.g. OS and security patch updates.

4.3 Products required for some Services

Where applicable, Your Local APCOA are sometimes required to provide You with Products (as an identification card) so You can access Third Party Provider Services. In such cases, these Products remain Your Local APCOA’s property. In this case, if You lose or damage them You undertake to immediately inform Your Local APCOA .

In any case, Your Local APCOA may charge You additional fees to replace these Products.

4.4 Network Access

You are aware that access to the Platform and Services & Products through the Platform requires a proper network access for which You admit being responsible. Your mobile network’s data and messaging rates and fees may apply if you access or use the Platform from Your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and benefit the Services & Products and any updates thereto.

APCOA GmbH does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5. Your Contents

At APCOA GmbH’s sole discretion, You may be allowed to submit, upload, publish or otherwise make available contents and information through the Platform, including commentary and feedback related to the Services, Products and/or the Platform, initiation of support requests, and submission of entries for competitions and promotions (“Your Content”). Any of Your Content remains Your property. However, by providing Your Content to APCOA GmbH, you grant APCOA GmbH a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner Your Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and APCOA GmbH’s business and on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.

You represent and warrant that:

You either are the sole and exclusive owner of all Your Content, or you have all rights, licenses, consents and releases necessary to grant APCOA GmbH the license to Your Content as set forth above; and
neither Your Content nor Your submission, uploading, publishing or otherwise making available of Your Content nor APCOA GmbH’s use of Your Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to provide Your Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by APCOA GmbH in their sole discretion, whether or not such material may be protected by law. APCOA GmbH may, but shall not be obligated to, review, monitor, or remove Your Content, at APCOA GmbH’s sole discretion and at any time and for any reason, without notice to You.

6. Your Feedback

As APCOA GmbH respects your rights to Your ideas, please do not submit any confidential ideas, information, or suggestions in any form to APCOA GmbH or any of its affiliates. For any ideas, information, or suggestions You do submit, regardless of what Your communication regarding Your submissions says, You understand that Your submissions are voluntary and the following terms shall apply to Your submissions: (i) Your submissions and their contents will automatically become the property of APCOA GmbH, without any compensation to You; (ii) APCOA GmbH have no obligation to review Your submissions; (iii) APCOA GmbH may implement and distribute any portion of Your submissions and their contents for any purpose in any way, without any compensation to You; and (iv) APCOA GmbH has no obligation to keep Your submissions confidential.

7. Fees & Payment

7.1 Fees

Services & Products fees are made available to You. The transaction is binding once it is approved by You. In case of undue billing, You can contest proven undue payment within 60 days from the transaction.

You acknowledge that your agreement to these Terms waive Your legal right of withdrawal from the Services, therefore You shall not be entitled to any reimbursement included but not limited to any subscription fees.

In addition to the relevant Services & Products feed, You are aware Your Local APCOA may charge fees such as but not limited to registration fee, administration fee, access fee, transaction fee, convenience fee and/or recurrent subscription fee which we may change from time-to-time.

By accepting the Terms and using Platform You already acknowledge and accept that Your Local APCOA might collect Services & Products fee on behalf of other Third-Party Providers, especially when You use the Platform abroad.

For sake of clarity, Your Account is attached to Your Local APCOA of Your country of residence. You can find the list of the Your Local APCOA here.

For more details on Your Local APCOA fees please consult https://www.apcoa.com/business-lines/, Your Account or on site or, as the case may be, via your Account Administrator. Please be aware that, except otherwise required by the law, the fees are displayed excluding any taxes, duty, levies or whatsoever. Therefore, should it be applicable to the Servies & Products, it will be added to the fees accordingly.

If you wish to amend an on-going transaction, You or, as the case may be, Your Account Administrator can manage it through Your Account where available. As part of the Services, APCOA GmbH may send you reminders, alerts, or critical notifications via any written means such as push notification, text message, email. You acknowledge and agree that the reception of any reminder is not guaranteed and that you are responsible for the timely activation or deactivation of a Service where permitted. APCOA GmbH shall have no liability for any damages and costs you incur from not receiving notifications on time or at all.

Third Party Provider Services & Products fee and applicable taxes shall be in the currency of the country where the Service is performed.

Third Party Provider Services & Products fees are set up by the Third Party Provider themselves and could be based on parameters, such as, and without limitation, location, time of day, day of the week, special events, and that these variances are beyond APCOA GmbH’s control and may not be reflected in the Platform in a timely manner. Hence, APCOA GmbH cannot be held responsible for any price variances.

As all specific rates proposed by the Third Party Provider are not always made available through the Platform, if You believe that You can benefit from specific conditions for certain Third Party Provider Services & Products, it is Your responsibility to check that these conditions are taken into account before approving any transaction.

APCOA GmbH are under no obligation to provide a refund or cancel transaction, unless there is a proven system error on APCOA GmbH’s part.

7.2 Payment Method

You must select the payment method of Your preference from the options available per specific location and/or Services & Products. You acknowledge that, for some Services & Products or in certain locations, different payment methods than the one You have chosen might be required.

Payment methods You have access to are made available into Your Account.

By accepting those Terms, You undertake to have and maintain sufficient funds available to use the Platform to benefit the Services & Products. Should You not be able to comply with this obligation, APCOA GmbH reserve their right to immediately terminate the contractual relationship with You and close or block Your Account.

7.3 Receipt and Invoice

APCOA GmbH would invoice Services & Products to You on behalf of the Third-Party Providers including, when applicable, Your Local APCOA. You can find a receipt of Your transactions in Your Account.

7.4 Payment

Depending on the Services & Products and/or the location and depending on Your choice, fees would be charged by the Third-Party Providers and/or Your Local APCOA – either per transaction or on a periodic basis.

When enabled, and in order to check your International Bank Account Number (IBAN), a very small amount e.g. € 0,01 might be charged from your IBAN during the registration process.

You are subject to any applicable terms, conditions, restrictions, and other requirements of any payment provider related to any payment method and APCOA GmbH would have no liability for any transaction fees, insufficient fund charges, or any other fee or charge that is assessed by a payment provider in connection with Your chosen payment method.

Should you not pay the fees related to Your transaction or unduly instigate refund request, APCOA GmbH would be entitled to immediately suspend Your account and/or access to the Platform, without prejudice to our further statutory rights.

Your Local APCOA might decide to apply an administrative fee of €15.00 or equivalent amount in Your country of residence currency in case the transaction payment is rejected for whatever reason such as, and without limitation, insufficient funds available, cancellation of your Payment Method.

In addition, Your Local APCOA might decide to engage a third party for credit/debt collection, whereas the collection costs and interest on the outstanding amounts will be borne by You. In such a situation Your account might be blocked upon sole APCOA GmbH’s discretion.

7.5 Benefits

APCOA GmbH and/or Local APCOA may, in their sole discretion, issue promotional codes, discounts, promotional campaigns, challenges, benefits, rewards, cash back (“Benefits”) within the Platform. You agree that Benefits:

must only and strictly be used by You and for the purpose communicated through the Platform, and in a lawful manner,
may not be duplicated, sold or transferred in any manner, or made publicly available, unless expressly permitted,
may be disabled at any time for any reason without liability to APCOA GmbH and Your Local APCOA,
may only be used pursuant to these Terms and, as the case may be, pertaining Supplemental Terms,
are not valid for cash nor for refund,
may expire prior to Your use.

APCOA GmbH and/or Your Local APCOA reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by You or any other user in the event that it can reasonably be determined or believed that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of these Terms and/or Supplemental Terms.

8. Commercial Electronic Messaging

By creating an Account, You agree that APCOA GmbH or Your Local APCOA may send You electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of Your use of the Services. You agree that APCOA GmbH and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impractical (including for push notifications). However, You may opt in or out of receiving commercial or Services reminder electronic messages from APCOA GmbH at any time in Your Account.

You also acknowledge that opting out of receiving commercial electronic messages may impact Your use of the Platform. You cannot unsubscribe from system messages, including receipts, order confirmations and support responses.

You can find out more information here.

9. Customer support

If you have any questions about our Services, the website, these Terms and Conditions or anything other related to our Services, you can contact us.

10. Access Rights

Subject to Your compliance with the Terms, APCOA GmbH grant You an access right to the Platform excluding therefore any other licence, use and intellectual property rights that are not expressly granted under the present Terms. APCOA GmbH reserves all rights not expressly granted in these Terms. The Platform, Services, Products, and all data gathered through the Platform, including all intellectual property rights in all of the foregoing, are and remain APCOA GmbH’s property or the property of their licensors.

You may not:

remove any copyright, trademark or other proprietary notices from any portion of the Platform and/or Services & Products;
reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and/or the Services and/or Products except as expressly permitted by APCOA GmbH;
decompile, reverse engineer or disassemble the Platform except as may be permitted by applicable law;
link to, mirror or frame any portion of the Platform and/or the Services and/or the Products;
cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Platform and/or Services and/or the Products; or
attempt to gain unauthorized access to or impair any aspect of the Platform and/or Services or its related systems or networks.

11. Data privacy

By accepting the Terms and using the Platform, You acknowledge and agree that APCOA GmbH and Your Local APCOA collect, use and disclose information from or about You as described here. Additional privacy notices may apply, including from third party controllers, especially for Third Party Provider Services.

Some pages on our Platform include links to third party websites. These third-party sites are governed by their own privacy statements, and APCOA GmbH are not responsible for their operations, including but not limited to their information practices. You should review the privacy statement of those third-party sites before providing them with any personally identifiable information.

12. App Stores

You acknowledge and agree that the availability of the Platform may be dependent on the third party from which You received the Platform license, e.g., the Apple iPhone or Android app stores (“App Store”).

You acknowledge and agree that this Agreement is between You and APCOA GmbH and not with the App Stores and that APCOA GmbH is responsible for providing You the access to the Platform as described in this Terms.

However, if You downloaded the Platform from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of this Term. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Terms against You as a third-party beneficiary thereof.

Apple’s Licensed Application End User License Agreement are applicable to You as part of the Terms. For this purpose, You are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall supersede.

13. Limitations

YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN SERVICES & PRODUCTS FROM THIRD PARTY PROVIDER THROUGH THE ACCESS AND USE OF THE PLATFORM DOES NOT ESTABLISH APCOA GMBH AS A PROVIDER OF THOSE SERVICES & PRODUCTS.

THE SERVICES & PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” APCOA GMBH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, APCOA GMBH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

THE GEOLOCATION SERVICE IS PROVIDED TO YOU AS A REFERENCE ONLY. YOU SHOULD ALWAYS CHECK THE ACTUAL LOCATION PRIOR TO FINALIZING A TRANSACTION. APCOA GMBH ACCEPT NO RESPONSIBILITY FOR A TRANSACTION PERFORMED USING AN INCORRECT LOCATION.

APCOA GMBH DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE THIRD-PARTY PROVIDER SERVICES & PRODUCTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, AND ANY SERVICES OR PRODUCTS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU.

APCOA GMBH DO NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDER. THIRD PARTY PROVIDER ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF APCOA GMBH.

APCOA GMBH DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY OF YOUR CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SOLUTION AND/OR SERVICES. APCOA GMBH CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SOLUTION, THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

APCOA GMBH AND THE THIRD-PARTY PROVIDER ACCEPT NO LIABILITY TO COMPLETE ANY TRANSACTION WHICH CANNOT BE CLEARED BY OUR PAYMENT PROCESSORS, WHETHER BECAUSE THERE ARE INSUFFICIENT FUNDS AVAILABLE ON YOUR PAYMENT METHOD OR OTHERWISE.

14. Limitation of Liability

Nothing in these Terms limits and excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or alter Your rights as a consumer that cannot be excluded under applicable law.

APCOA GmbH cannot not be liable under or in relation to these Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), restitution or otherwise for any of the following connected to the use of the Platform: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect damages or (viii) indirect or consequential loss.

APCOA GmbH and Your Local APCOA are not liable for:

damages or losses arising from any transaction between You and a Third-Party Providers; or
the availability and accuracy of the content, products or services of the Third-Party Providers.
delay or failure in performance resulting from causes beyond our reasonable control.

Provided that You can demonstrate that You have taken all reasonable measures to limit this damage, APCOA GmbH, and/or Third Party Provider(s), including Your Local APCOA, total and aggregate liability to You for usage of the Platform and access to the Services & Products shall not exceed fifty euros (50 euros).

To the extent permitted by law, APCOA GmbH exclude all warranties and disclaim all liability for any act or omission by You or any third party, including the Third-Party Providers.

15. Indemnity

You agree to indemnify and hold APCOA GmbH and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with:

Your use of the Platform or Services & Products obtained through your use of the Platform;
Your breach or violation of any of the Terms;
APCOA GmbH’s use of Your Content; or
Your violation of the rights of any third party, including Third Party Providers.

16. Force Majeure

In any case, APCOA GmbH shall not be held responsible in case a force majeure event appears. Shall inter allia and without limitation be considered as a force majeure event any breach due to third party that are not under the APCOA GmbH or Third Party Provider’s control and/or any external causes or circumstances beyond the reasonable control of APCOA GmbH or Third Party Provider’s including, without limitation: acts of God, flood, drought, fire, earthquake or other natural disaster, social conflicts, intervention by civil or military authorities, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, collapse of buildings, fire, explosion or accident, epidemic, pandemic, interruption or failure of utility service, telecommunications network or power supply, cyber-attack.

17. Termination

You may choose to terminate these Terms by closing your Account . Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination and, in accordance with the Privacy Policy, your Account will remain our property at all times. You must return to Your Local APCOA any Product that was delivered to You within 30 days otherwise fee may apply.

APCOA GmbH may immediately terminate these Terms or any Services with respect to You or generally cease offering or deny access to the Platform or any Services & Products or any portion thereof, at any time for any reason.

Our ability to suspend, limit or close your Account does not limit or exclude other remedies APCOA GmbH and/or the Third-Party Provider may have if You are otherwise in breach of this Agreement.

18. General Provision

18.1 Assignment

APCOA GmbH may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without Your prior consent, provided this will not lead to a reduction of the rights You are entitled to by virtue of these Terms or by law.

You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as Your use of the Platform is personal, unless agreed otherwise in writing by APCOA GmbH.

18.2 Disposition Invalidity

The invalidity of any clauses in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable clause shall be deemed deleted.

18.3 Applicable Law and Dispute resolution

EU Countries/Norway

These Terms shall be exclusively governed by and construed in accordance with the laws of Germany, excluding its rules on conflicts of laws, unless, if you reside in the EU, statutory consumer protection regulations in Your country of residence contain provisions that are more beneficial for You, in which case those provisions may apply. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Should any dispute arise related to the Platform or the Terms, You agree to first seek for amicable settlement by using customer service . In case You and APCOA GmbH do not find an agreeable settlement within sixty (60) days from Your request for amicable settlement, You may bring judicial proceedings relating to the Platform before a competent German court. If you reside in the EU, you may also bring judicial proceedings relating to the Platform before the competent court of Your country of residence. If You reside in the EU, APCOA GmbH may only bring judicial proceedings against You in Your country of residence, unless You are acting as a business in which case You agree to submit to the exclusive jurisdiction of the German courts and agree that English shall govern any dispute.

UK / Scotland / Ireland

These Terms shall be exclusively governed by and construed in accordance with the laws of England. If You live in England or Wales, You can bring legal proceedings related to the Platform or the Terms in the English courts. If you live in Scotland, you can bring legal proceedings related to the Platform or the Terms in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of related to the Platform or the Terms in either the Northern Irish or the English courts.