General Terms and Conditions

The following General Terms and Conditions of PAYUCA GmbH, company register number FN 440762f (hereinafter “PAYUCA”), apply to natural persons and legal entities that create a PAYUCA Account via the PAYUCA App (hereinafter the “Customer”). In the case of corporate customers, only the provisions of these General Terms and Conditions shall apply.

Any masculine form used in these General Terms and Conditions shall equally refer to female, male and non-binary persons. Multiple gender designations are generally omitted for ease of readability.

PAYUCA App means a mobile application operated by PAYUCA that enables the Customer to create a PAYUCA Account, view, reserve and use available parking spaces managed by PAYUCA on a geolocated basis, and make cashless payments of parking fees.

PAYUCA Account means an individual electronic user account maintained for the respective Customer in the PAYUCA App, which is used to access certain services and for billing purposes. Creation of a PAYUCA Account is a prerequisite for using the PAYUCA App.

PAYUCA Credits means purely virtual, non-transferable units that may be used exclusively to pay for services provided by PAYUCA. One PAYUCA Credit has a value of EUR 1.00. PAYUCA Credits are purchased through the payment platform of an external Payment Service Provider integrated into the PAYUCA App. The Customer may also receive PAYUCA Credits as part of a Promotion. The number of PAYUCA Credits available to the Customer is displayed in the PAYUCA App.

Payment Service Provider means the payment service provider to whose payment page the Customer is redirected after selecting the desired payment method, where the Customer completes the payment process and which informs PAYUCA of the current payment status.

PAYUCA Website means the websites accessible under the main domain https://payuca.com/de/b2b/, on which the Customer can learn more about PAYUCA and through which PAYUCA presents itself externally.

PAYUCA Parking Space means an area located in an outdoor car park or parking garage, identified by PAYUCA signage and/or markings, which is not publicly accessible by vehicle and is secured by garage doors, barriers or similar installations, and for which no public parking fees are charged.

PAYUCA Location means an area located in a building or outdoors, secured by an Access Control System and not publicly accessible by vehicle, in which PAYUCA Parking Spaces are located.

Location Partner means the owners or beneficiaries of the parking spaces offered by PAYUCA

Vehicle Entrance means the vehicle entrance area of a PAYUCA Location, which is secured by an electronic Access Control System and consists of one or more barriers and/or gates or other electronically controllable obstacles.

Entrance Door means, particularly in connection with termination of the Usage Agreement, an access door to a PAYUCA Location secured by an Access Control System. Where no such Entrance Door exists within the PAYUCA Location, either the Vehicle Exit or the Vehicle Entrance shall alternatively be deemed the Entrance Door. Where the Vehecle Entrance is deemed the Entrance Door, an Stop-by visit may also take place there.

Vehicle Exit means the vehicle exit area of a PAYUCA Location, which consists of one or more barriers and/or gates or other electronically controllable obstacles that may be operated manually or automatically, or which is secured by an electronic Access Control System.

Access Control System means a device (reader) installed by PAYUCA at the Vehicle Entrance and, where applicable, at Entrance Doors and connecting doors, which allows access to the parking spaces and can be opened using the PAYUCA App or the PAYUCA NFC Tag.

PAYUCA NFC Tag means a personalised near-field communication tag provided to the Customer as an alternative to the PAYUCA App for entering and leaving a PAYUCA Location, without the Customer having any entitlement to receive such a tag.

Hotline means the telephone number displayed in the PAYUCA App, on the PAYUCA Website or on signage installed by PAYUCA.

Motor Vehicle means a multi-track motor vehicle within the meaning of Section 2(1)(1) of the Austrian Motor Vehicles Act 1967 (Kraftfahrgesetz 1967), excluding vehicles that draw their propulsion energy from overhead lines, gas- or hydrogen-powered vehicles, and electric vehicles with a lead-acid traction battery.

Promotion means a time-limited, separately communicated measure such as a special offer, campaign or other sales promotion, granted in particular, but not exclusively, in the form of discounts, vouchers, additional services or other benefits. The relevant period, specific conditions of participation and any restrictions or requirements will be announced as part of the respective Promotion.

PAYUCA operates a system for providing parking spaces in urban areas. Its objective is to establish the broadest possible network of potential PAYUCA Locations for Customers. This is facilitated by the PAYUCA App, which enables users to locate available PAYUCA Parking Spaces by GPS. For this purpose, PAYUCA manages or leases parking spaces from its Location Partners. Under this Agreement, PAYUCA exclusively provides services relating to the digital processing of access to parking spaces and the billing of parking space use. The provision of the parking spaces as such, as well as their condition, safety and suitability for traffic, are the responsibility of the respective Location Partner and do not form part of the services owed by PAYUCA.

The Customer pays the parking fees directly to PAYUCA.

No contractual relationship or resulting claims arise between the Customer and the Location Partners.

A contract within the meaning of these General Terms and Conditions between PAYUCA and the Customer is concluded when the Customer creates a PAYUCA Account in the PAYUCA App and accepts these General Terms and Conditions.

To create the PAYUCA Account, the Customer must provide at least the following information truthfully and accurately:

• First name and surname and, where applicable, company name;
• Mobile telephone number;
• Email address;

To use the full functionality, the Customer must additionally provide the following information truthfully and accurately:

• Official registration number of the Motor Vehicle with which the Customer wishes to use a PAYUCA Location;
• Address (street, building / staircase / unit, postal code, city, country) to be used by the Customer as the delivery address.

To verify the mobile telephone number provided a transaction number (TAN) is sent to that number by short message service (SMS). The Customer must enter this TAN in the designated field in the PAYUCA App within the prescribed period, thereby verifying the mobile telephone number. If verification is not completed, a PAYUCA Account cannot be created.

To verify the email address after creating the PAYUCA Account the Customer will be requested to activate the confirmation link sent to that email address. If verification is not completed, PAYUCA reserves the right to suspend the PAYUCA Account until successful verification.

After creating a PAYUCA Account, the Customer gains access to the basic functions of the PAYUCA App. These include, among other things, viewing available PAYUCA Locations and managing and updating the information provided by the Customer. Reserving and using PAYUCA Parking Spaces, ordering PAYUCA NFC Tags and using other services offered by PAYUCA in the PAYUCA App require a sufficient amount of PAYUCA Credits and the provision of the respective required information.

The Customer is obliged to keep the information disclosed truthful, accurate and up to date at all times.

The contract concluded by creating the PAYUCA Account is entered into for an indefinite period.

Potential customers have no entitlement to the creation of a PAYUCA Account or to the conclusion of a contract. PAYUCA may decline to conclude a contract without stating reasons.

The Customer may terminate the contract at any time by deleting the PAYUCA Account in the PAYUCA App. After the corresponding button is selected, the PAYUCA Account will be deactivated for 14 (fourteen) days; during this period, the Customer may reactivate the PAYUCA Account via the PAYUCA App. Upon expiry of this period, the PAYUCA Account will be automatically and permanently deleted, subject to any statutory retention obligations applicable to PAYUCA. If the Customer no longer has access to the PAYUCA App, the Customer may also arrange termination or deletion by email to the address stated in the legal notice on the PAYUCA Website or to another email address communicated by PAYUCA for this purpose.

Downloading and using the PAYUCA App and using the PAYUCA Website are free of charge for the Customer unless otherwise stipulated in these General Terms and Conditions.

Where third-party advertisements are displayed in the PAYUCA App or on the PAYUCA Website, PAYUCA accepts no liability for their content. PAYUCA will, however, review such advertisements at irregular intervals and ensure that any unlawful content is removed.

The PAYUCA App serves as an interface between the Customer and PAYUCA, on the one hand, and between PAYUCA and the Location Partners, on the other, in order to enable the Customer to reserve and use PAYUCA Parking Spaces.

By selecting the relevant button, the PAYUCA App directs the Customer to the Entrance of the selected PAYUCA Location and opens the navigation applications available to the Customer for navigation purposes.

Within the PAYUCA App, the Customer may view the history of completed parking sessions, reservations and any orders placed, for example for PAYUCA NFC Tags.

Under the “Parkings ” filter, the Customer may view completed parking sessions. For each parking session, the selected PAYUCA Location, the official registration number used, the start and end of the parking session and the PAYUCA Credits charged can be viewed.

Under the “Reservations” filter, the Customer may view completed reservations. For each reservation, the selected PAYUCA Location, the official registration number used, the start and end of the reservation and the PAYUCA Credits charged can be viewed.

Under the “Orders” filter, the Customer may view an overview of orders placed, such as orders for PAYUCA NFC Tags. For each order, the order date, selected delivery address and PAYUCA Credits charged can be viewed.

The Customer may, subject to revocation or restriction by PAYUCA at any time, obtain a PAYUCA NFC Tag in exchange for a specified number of PAYUCA Credits.

The number of PAYUCA Credits required to obtain a PAYUCA NFC Tag is stated in the PAYUCA App. The total price may vary depending on the delivery address or country of delivery. PAYUCA is entitled to waive the charging of PAYUCA Credits for a PAYUCA NFC Tag, but the Customer has no legal entitlement to such a waiver.

The Customer undertakes to keep the PAYUCA NFC Tag secure and, in the event of loss or theft, to temporarily block it via the PAYUCA App or reactivate it if recovered. The Customer may also permanently delete the PAYUCA NFC Tag. If it is unreasonable for the Customer to block or delete the tag via the PAYUCA App, for example because the device on which the PAYUCA App is installed has been lost, the Customer may also arrange for it to be blocked via the PAYUCA Hotline. Blocking a PAYUCA NFC Tag in the event of loss or theft is free of charge.

The PAYUCA App and the PAYUCA NFC Tag each serve as electronic access media with which the Access Control Systems at PAYUCA Locations can be operated and opened.

Unless otherwise agreed below, PAYUCA is expressly authorised to charge claims against the respective Customer arising in connection with this contract or related use to the Customer’s PAYUCA Account and offset them against available PAYUCA Credits or, where no PAYUCA Credits are available, to invoice the claim.

The Customer undertakes to ensure that the PAYUCA Account is not overdrawn for as long as the contract with PAYUCA remains in force and, in the event of an overdraft, to arrange the immediate purchase of a sufficient amount of PAYUCA Credits.

At the Customer’s request, for example in the event of loss of the device on which the PAYUCA App is stored, loss of the PAYUCA NFC Tag or unauthorised access by third parties, the PAYUCA Account will be suspended until expressly revoked by the Customer, provided that the Customer can be unequivocally identified.

PAYUCA may temporarily suspend the Customer’s PAYUCA Account if the Customer fails to comply with the obligations under these General Terms and Conditions. In a payment request, the Customer will be expressly informed of the possibility of suspension. Any suspension will remain in place until the outstanding amount and any reminder fees incurred have been paid in full.

PAYUCA further reserves the right to suspend the PAYUCA Account where there are specific indications that the Customer has breached material obligations under these General Terms and Conditions or applicable law. Before such suspension, the Customer will be requested to submit a statement within a reasonable period. Immediate suspension will occur only where necessary to prevent imminent damage to PAYUCA or third parties, for example in cases of suspected fraud, identity theft or money laundering, or where an official notice or statutory obligation requires suspension. The Customer will be informed without delay of the reasons for the suspension. Once the matter has been clarified, the PAYUCA Account will be reactivated unless permanent suspension is required.

If the PAYUCA Account has been inactive for more than 12 (twelve) months, PAYUCA reserves the right to delete it, provided that it contains no PAYUCA Credits at the time of the intended deletion. Inactivity means that during this period the Customer has neither made a reservation nor completed a parking session, and no PAYUCA Credits have been credited to the PAYUCA Account through a purchase, voucher code or other Promotion.

Before deletion, the Customer will be notified by email. If the Customer carries out a new transaction within 30 (thirty) days of notification, the PAYUCA Account will be deemed active again.

PAYUCA Credits are purchased via the PAYUCA App. The Customer selects the desired number of PAYUCA Credits and the country in which they may be used exclusively, and is redirected to the Payment Service Provider’s payment page, where the Customer selects the desired payment method (e.g. debit/credit card, instant bank transfer, PayPal or another payment method offered in the PAYUCA App) and completes the payment process. The paid PAYUCA Credits are then displayed in the PAYUCA Account within a few seconds or minutes. It is expressly emphasized that PAYUCA Credits purchased for Germany may not be used in Austria and PAYUCA Credits purchased for Austria may not be used in Germany.

PAYUCA Credits cannot be redeemed for cash. This applies both to PAYUCA Credits granted free of charge, for example as part of a Promotion and to purchased PAYUCA Credits. A refund will be made where required by law following the timely exercise of the right of withdrawal. In the event of extraordinary termination of the contractual relationship, PAYUCA may, at its sole discretion and without acknowledging any legal obligation, grant a refund in cash as a gesture of goodwill.

PAYUCA reserves the right to restrict Promotions to certain geographical areas, periods or customer groups. The number of PAYUCA Credits granted as part of a Promotion is determined by the applicable terms and conditions of the Promotion.

PAYUCA may also grant Promotions without the use of a voucher code. However, where a voucher code is issued as part of a Promotion, the specified PAYUCA Credits will be credited to the Customer’s PAYUCA Account after a valid voucher code has been entered.

PAYUCA Credits acquired free of charge will be used with priority, beginning with the next transaction, until they have been fully consumed. Only thereafter will purchased PAYUCA Credits be used.

PAYUCA Credits granted free of charge must be used within the period announced within the respective Promotion. Unless a different validity period is expressly specified for the Promotion, PAYUCA Credits acquired free of charge will in any event expire 3 (three) years after being displayed in the PAYUCA Account.

Where PAYUCA Credits are granted free of charge in connection with a Promotion in addition to purchased PAYUCA Credits and the Customer withdraws from a purchase pursuant to Section 11(1) FAGG (Fern- und Auswärtsgeschäfte-Gesetz), only purchased PAYUCA Credits will be deducted from the PAYUCA Account for services already used (see Section 16(1) FAGG and the information on the right of withdrawal). PAYUCA Credits acquired free of charge as part of the Promotion will cease to be valid, and the remaining balance of purchased PAYUCA Credits will be refunded to the Customer.

As long as a Customer’s PAYUCA Account contains no PAYUCA Credits or has a negative balance (fewer than 0 PAYUCA Credits), the Customer cannot reserve PAYUCA Parking Spaces, including by means of a free reservation.

To make a reservation, including a free reservation, the Customer’s PAYUCA Account must contain the number of PAYUCA Credits currently applicable at the relevant PAYUCA Location for one hour of parking, as shown in the PAYUCA App.

To start a parking session, the Customer’s PAYUCA Account must contain the number of PAYUCA Credits currently applicable at the relevant PAYUCA Location for one hour of parking, as shown in the PAYUCA App.

The Customer may reserve a PAYUCA Parking Space in advance via the PAYUCA App. To do so, an available PAYUCA Location must be selected. Once the reservation has been confirmed, one PAYUCA Parking Space at that Location will be blocked for other customers for the duration of the free reservation and any selected extension. A specific parking space within the Location cannot be reserved.

One free reservation of a PAYUCA Parking Space may be made per day and per PAYUCA Location. For extensions beyond the free reservation period, the fee displayed in the PAYUCA App will be charged for the selectable reservation period.

The PAYUCA Credits required for the selected reservation period will be charged to the PAYUCA Account immediately upon selection and confirmation and will not be refunded if the reservation is cancelled or the parking session begins earlier.

The Customer may hold a reservation at only one PAYUCA Location at a time.

The subject matter of a concluded Usage Agreement is a PAYUCA Parking Space within a PAYUCA Location. Under this Agreement, PAYUCA provides services relating to the digital processing of access to parking spaces and the billing and management of their use.

The provision of the PAYUCA Parking Spaces as such, as well as their condition, safety and suitability for traffic, are the sole responsibility of the respective Location Partner.

The specific parking space forming the subject matter of the Usage Agreement is selected by operating the Access Control System and/or by actually parking the Motor Vehicle in an available PAYUCA Parking Space selected by the Customer.

A PAYUCA Parking Space may be used for a maximum period of 30 days.

A PAYUCA Parking Space may be used either by means of the PAYUCA App or the PAYUCA NFC Tag. The commencement and termination of the Usage Agreement each depend on the proper performance of certain technical actions, which are described in greater detail below:

The Usage Agreement commences when the Customer opens the Entrance to the relevant PAYUCA Location for the first time:

When using the PAYUCA App, the Entrance is opened, and the Usage Agreement within the meaning of these General Terms and Conditions commences, by selecting the “Open Gate” button, provided that a Bluetooth connection can be successfully established between the PAYUCA App and the Access Control System of the relevant PAYUCA Location.

When using the PAYUCA NFC Tag, the Entrance is opened, and the Usage Agreement commences, by holding the PAYUCA NFC Tag against the designated recognition point of the Access Control System.

If the Customer merely wishes to enter the PAYUCA Location to reach a Motor Vehicle that is already parked, without ending the parking session, the Customer must first select the “Open Gate” button. Provided that a Bluetooth connection can be established between the PAYUCA App and the Access Control System, the Customer must then select “Open Entrance Door” then “Visit car” and subsequently again “Open Entrance Door” or “Open Intermediate Door”) if such a door is within the PAYUCA Location. Any intermediate doors within the PAYUCA Location may then also be opened using the PAYUCA App.

An equivalent procedure is technically not possible when using the PAYUCA NFC Tag. In particular, every entry after commencement of the Usage Agreement results in automatic termination of the Usage Agreement.

Termination of the Usage Agreement requires the proper performance of the following actions:

When using the PAYUCA App, the Customer must first select the “Open Entrance Door” button. If a Bluetooth connection to the Access Control System exists, the Customer must then select the “Finish Parking” button followed by “Pay and Open Entrance Door”. The parking fee is paid using PAYUCA Credits through the PAYUCA Account. To ensure that termination of the Usage Agreement and exit proceed smoothly, the Customer must ensure that the PAYUCA Account contains sufficient PAYUCA Credits to cover the parking fee. Upon successful payment of the parking fee using PAYUCA Credits and opening of the Entrance Door, the Usage Agreement is deemed terminated. Any intermediate doors within the PAYUCA Location may then also be opened using the PAYUCA App.

When using the PAYUCA NFC Tag, the Usage Agreement is terminated by holding the PAYUCA NFC Tag against the designated recognition point of the Access Control System at the PAYUCA Location; at the same time, the parking fee is paid using PAYUCA Credits through the PAYUCA Account. To ensure that termination of the Usage Agreement and exit using the PAYUCA NFC Tag proceed smoothly, the Customer must ensure that the PAYUCA Account contains sufficient PAYUCA Credits to cover the parking fee. Upon successful payment and subsequent opening of the Entrance Door, the Usage Agreement is deemed terminated. As when using the PAYUCA App, any intermediate doors within the PAYUCA Location may then be opened using the PAYUCA NFC Tag.

The Vehicle Exit opens either automatically, by manual operation of the relevant barriers, gates or other electronically controllable obstacles or, where the system is configured accordingly, by selecting the “Open Exit Gate” button in the PAYUCA App, provided that a Bluetooth connection to the Access Control System exists, or by holding the NFC Tag against the designated recognition point.

For technical reasons, the Usage Agreement cannot be terminated during the first few minutes (“Lockout Minutes”) after commencement of the Usage Agreement. To terminate the Usage Agreement during this period, the Customer must submit a report using the contact options displayed in the PAYUCA App.

The Customer further acknowledges and confirms that the Usage Agreement does not end automatically if the Customer leaves the PAYUCA Parking Space or PAYUCA Location with the Motor Vehicle without first selecting the corresponding button in the PAYUCA App or holding the PAYUCA NFC Tag against the designated recognition point of the Access Control System. This applies in particular where the Access Control System, Exit and/or access doors are defective or open, or termination via the PAYUCA App is not possible due to technical defects. In such cases, the Usage Agreement is deemed terminated only when the Customer reports the defect or departure from the PAYUCA Location to PAYUCA using the contact options displayed in the PAYUCA App and PAYUCA ends the parking session. If PAYUCA is able to determine the precise time of the technical defect, including retrospectively, and this corresponds to the information in the Customer’s report, PAYUCA reserves the right to end the parking session at a time earlier than the report, without this giving rise to any legal entitlement.

The Customer must enter the relevant PAYUCA Location with the Motor Vehicle only through the designated Entrance using the installed Access Control System. The Customer also undertakes to enter or leave the PAYUCA Location on foot only through the designated access points using the installed Access Control System. In particular, walking on vehicle entrance ramps is prohibited, except where leaving the PAYUCA Location via the ramp is expressly permitted by a notice inside or in front of the ramp. PAYUCA accepts no liability for breaches of this prohibition.

If the Customer finds all PAYUCA Parking Spaces within the reserved PAYUCA Location occupied or otherwise blocked, the Customer must report this immediately using the contact options displayed in the PAYUCA App. In this case, the Customer is entitled to a full refund of reservation fees already paid and parking fees already incurred. Any further claims of any kind, in particular claims for damages, are excluded except in cases of grossly negligent or intentional acts or omissions by PAYUCA. No liability is assumed for the actual availability or condition of parking spaces.

The Austrian Road Traffic Act (StVO) applies without exception at all PAYUCA Locations. Motor Vehicles may be parked only in the specifically designated PAYUCA Parking Spaces.

The contractual relationship terminates automatically in the following cases:

• upon an ordinary or extraordinary termination becoming effective during the term of the contract;
• if the Customer’s Motor Vehicle is towed;
• if the Usage Agreement has not been terminated within 30 days after conclusion of the contract;
• if the Customer’s Motor Vehicle is removed, towed or seized by official order or by law;
• if the PAYUCA Location is permanently taken out of operation.

The subject matter of the contract may be used exclusively for parking a Motor Vehicle. Any other use, in particular for storing items of any kind, including vehicle spare parts and accessories, winter, summer or spare tyres, fuel, tools, etc., or as a place to remain, is prohibited.

For each PAYUCA Location, information on special conditions of use, such as stacked parking systems or a narrow Vehicle Entrance, is available in the PAYUCA App. This information can be viewed in the PAYUCA App before making a reservation or before starting a parking session.

The Customer undertakes to park the Motor Vehicle within the marked PAYUCA Parking Space in such a way that the use of adjacent parking spaces or access and exit is not impaired in any way. The use of an adjacent parking space is deemed impaired if the Motor Vehicle is parked in such a way that any part of it extends beyond the center line resulting from the width of the boundary line of the PAYUCA Parking Space.

The Customer must return the PAYUCA Parking Space by removing the Motor Vehicle and leaving the PAYUCA Location within 10 (ten) minutes after termination of the Usage Agreement. If this period is exceeded, a contractual penalty must be paid for the continued use, in addition to the continuing parking fees and any further damage.

The Customer is not entitled to make any markings, structural alterations or other modifications of any kind to PAYUCA Parking Spaces.

The Customer waives all claims pursuant to Sections 1097 and 1037 ABGB (Allgemeines Bürgerliches Gesesetzbuch) for expenditure incurred on the PAYUCA Parking Space or on facilities and equipment intended for it that is beneficial to PAYUCA; necessary expenditure is excluded from this waiver.

The Customer is strictly prohibited from subletting or otherwise transferring or providing the PAYUCA Parking Space to another person.

The PAYUCA Parking Space may be used exclusively by the Motor Vehicle whose official registration number was entered in the PAYUCA App before commencement of the parking session.

The parking fee is charged in units (minutes / hours / days), with each commenced unit counting as a full unit from conclusion of the Usage Agreement.

The applicable unit and amount of the parking fee are displayed in the PAYUCA App and are binding in the amount stated there.

A change in the amount of the parking fee does not affect newly commenced units during an ongoing parking period. The amended parking fee will, however, apply from the next conclusion of a Usage Agreement. If the adjustment is not made automatically for technical reasons, the Customer is entitled to reimbursement of any PAYUCA Credits charged in excess.

The entitlement to payment arises in principle upon conclusion of the Usage Agreement.

The parking fee is charged through the Customer’s PAYUCA Account upon termination of the Usage Agreement or automatic termination where applicable.

If the PAYUCA Credits show a negative balance (below zero PAYUCA Credits), PAYUCA reserves the right to inform the Customer by email, text message or in-app notification and request payment of the outstanding amount within an additional period of 72 (seventy-two) hours (“Payment Reminder”). If the balance is not settled within this period, PAYUCA is entitled, for each further reminder by email, text message or in-app notification granting an additional period of 48 (forty-eight) hours, to charge a reminder fee in the amount specified in the Schedule of Charges as reimbursement of the costs of the reminder and to temporarily suspend the PAYUCA Account, thereby restricting use of the PAYUCA App. The Customer will be expressly informed of the impending suspension, further reminder costs and, if applicable, the impending towing of the Motor Vehicle.

The PAYUCA Account will be reactivated only after the negative balance, including all reminder fees incurred, has been settled in full. PAYUCA reserves the right to take further legal action to enforce the claim.

If, despite the relevant requests, the Customer fails to settle the negative PAYUCA Credit balance and the Motor Vehicle is located in a PAYUCA Parking Space, the Customer is obliged to arrange for the Access Control System to be opened via the PAYUCA Hotline and to remove the Motor Vehicle from the respective PAYUCA Parking Space without delay. If the Customer fails to comply with this obligation within 9 (nine) calendar days after the Payment Reminder, PAYUCA is entitled to have the Motor Vehicle removed at the Customer’s expense. The assertion of further claims, in particular payment of outstanding amounts and any reminder and collection fees, remains unaffected.

It is expressly agreed that PAYUCA may arrange for the Customer’s Motor Vehicle to be towed and stored at the Customer’s expense and risk if:

• the Customer fails to settle the negative balance in the PAYUCA Account within 9 days after the Payment Reminder;
• the Customer has parked the Motor Vehicle in such a way that the use of adjacent parking spaces or entrances and exits is impaired.

The Usage Agreement is in any event deemed automatically terminated when the Customer’s Motor Vehicle is towed. Any claims of PAYUCA for parking fees or damages remain unaffected.

PAYUCA shall not be liable for property damage suffered by the Customer when using PAYUCA Parking Spaces due to defects in their condition or state, or in the condition of the property on which they are located, unless persons attributable to PAYUCA acted intentionally or with gross negligence. This exclusion does not apply to personal injury.

PAYUCA shall not be liable for the conduct of a Location Partner, provided that PAYUCA is not at fault in selecting or supervising the Location Partner and no mandatory statutory liability provisions apply.

PAYUCA shall not be liable for damage suffered by the Customer as a result of misconduct or technical defects on the part of a Payment Service Provider, unless PAYUCA is responsible for intentional or grossly negligent acts or omissions in this connection.

If claims are asserted against PAYUCA by a Payment Service Provider due to circumstances within the Customer’s sphere, in particular due to misconduct by the Customer, the Customer is obliged to indemnify and hold PAYUCA harmless from such claims to the extent that they are attributable to those circumstances. This also includes any defense costs, in particular out-of-court costs, court fees and legal fees, as well as all costs and damage resulting from criminal court consequences. Where PAYUCA is contributorily negligent, any statutory apportionment of damage remains unaffected.

PAYUCA shall not be liable for the conduct of third parties, in particular damage, burglary or theft, vandalism or other criminal acts, nor for technical failure, except to the extent that PAYUCA is responsible for intentional or grossly negligent acts or omissions in this connection. The foregoing exclusions of liability do not apply to personal injury.

PAYUCA shall likewise not be liable for damage suffered by the Customer as a result of unauthorised access to the PAYUCA Account, in particular due to unlawful use of the Customer’s device or PAYUCA NFC Tag, cyberattacks (“hacking”) or incorrect navigation by navigation applications, unless such damage is attributable to intentional or grossly negligent conduct for which PAYUCA is responsible.

If a Customer damages one or more parking spaces or the property on which they are located during use, the following shall apply:

The Customer undertakes to inform PAYUCA immediately of any damage using the contact options displayed in the PAYUCA App.

The Customer undertakes to indemnify and hold PAYUCA harmless from any claims for damages asserted by the Location Partner or other third parties. This also includes any defense costs, in particular out-of-court costs, court fees and legal fees, as well as all costs and damage resulting from criminal court consequences, insofar as these are not attributable to conduct by PAYUCA. The Customer may not reject the obligation to indemnify and hold harmless by referring to the existence of liability insurance.

The Customer undertakes to notify PAYUCA immediately if an Access Control System is not functioning properly.

Any waiver of possible claims by the Customer against PAYUCA, in particular claims relating to interference with possession or damages, is effective only insofar as departure with the Motor Vehicle becomes possible within 12 (twelve) hours, PAYUCA has not acted intentionally or with gross negligence, and no personal injury is involved.

If a Customer damages one or more PAYUCA Parking Spaces, the building facilities or the property on which they are located during use, the following shall apply: the Customer undertakes to inform PAYUCA immediately of any damage using the contact options displayed in the PAYUCA App.

The Customer undertakes not to conclude Usage Agreements directly with a Location Partner in respect of PAYUCA Parking Spaces.

The Customer is required to report the following circumstances immediately – without undue delay – using the contact options available within the PAYUCA App:

• Malfunctioning Access Control Systems (in particular, mechanical damage and failure of the PAYUCA App or the PAYUCA NFC Tag to receive signals);

• Blockages (including those caused by other motor vehicles) that hinder or prevent access to a PAYUCA Location;

• Technical malfunctions related to the PAYUCA App or the PAYUCA NFC Tag that prevent the customer from entering or exiting the PAYUCA location, or from entering into or terminating a Usage Agreement;

• The circumstance that the Customer finds all PAYUCA Parking Spaces occupied or otherwise blocked within a PAYUCA Location that was displayed as available in the PAYUCA App;

• The loss or theft of the device on which the PAYUCA App was installed;

• Cyberattacks carried out against the device on which the PAYUCA App is installed, as a result of which third parties gain the ability to use the PAYUCA App or the Customer is deprived of the ability to use the PAYUCA App;

• Loss or theft of the PAYUCA NFC Tag;

• Changes to any data provided when creating the PAYUCA Account;

• Damage sustained by the Customer (in particular to their Motor Vehicle) while using a PAYUCA Location. This applies regardless of the cause of the damage and the identity of the party responsible for the damage or liable for it;

• Damage caused by the Customer to a PAYUCA Location, the Location Partner, or other third parties while using a PAYUCA Location. This applies regardless of the cause of the damage, the identity of the injured party, or whether the customer has liability insurance;

• The opening of insolvency proceedings against the Customer’s assets or the rejection of a petition to open such proceedings due to a lack of assets sufficient to cover costs;

• A final conviction of the Customer under Section 136 of the Austrian Criminal Code (StGB).

A report from the customer is considered “immediate” in the following cases:

• In cases of malfunctioning Access Control Systems (particularly mechanical damage and failure of the PAYUCA App or the PAYUCA NFC Tag to recognize signals), obstructions (including those caused by other vehicles) that hinder or prevent access to a PAYUCA Location, technical malfunctions related to the PAYUCA App or the PAYUCA NFC Tag that prevent the customer from entering or exiting the PAYUCA Location, or from concluding or terminating a Usage Agreement, as well as the circumstance that the Customer finds all PAYUCA Parking Spaces occupied or otherwise blocked within a PAYUCA Location that was displayed as available in the PAYUCA App, provided such notification is made within one hour of the Customer becoming aware of the situation, unless unavoidable and unforeseeable circumstances prevent the Customer from reporting it in a timely manner;

• In cases of loss or theft of the device on which the PAYUCA App is installed, or cyberattacks carried out against the device on which the PAYUCA App is installed, which enable third parties to use the PAYUCA App or deprive the customer of the ability to use the PAYUCA App, loss or theft of the PAYUCA NFC Tag; changes to any data provided when creating the PAYUCA Account; damages suffered by the Customer (in particular to their Motor Vehicle) while using a PAYUCA Location (regardless of the cause of the damage and the identity of the party responsible or liable); damage caused by the Customer to a PAYUCA Location, the Location Partner, or other third parties while using a PAYUCA Location (regardless of the cause of the damage, the identity of the injured party, or whether the customer has liability insurance), provided such damage is reported within 48 hours of the Customer becoming aware of it, unless unavoidable and unforeseeable circumstances prevent the customer from reporting it in a timely manner;

• In cases where insolvency proceedings are initiated against the Customer’s assets, or where such proceedings are rejected due to a lack of assets sufficient to cover costs, or where the Customer is convicted under Section 136 of the Austrian Criminal Code (StGB); provided that the report is made within one week of the Customer becoming aware of the matter, unless unavoidable and unforeseeable circumstances prevent the Customer from reporting it in a timely manner.

PAYUCA processes the Customer’s personal data in connection with use of the PAYUCA App, PAYUCA NFC Tag and PAYUCA Hotline exclusively in accordance with applicable data protection law, in particular the General Data Protection Regulation (“GDPR”). Processing is based on statutory grounds for permission, in particular performance of a contract (Article 6(1)(b) GDPR), compliance with legal obligations (point (c)), legitimate interests (point (f)) or, where required, express consent (point (a)). Details of the categories of data processed, processing purposes, retention periods, recipients and data-subject rights are set out in the separate Privacy Policy available on the PAYUCA Website at https://payuca.com/de/b2b/datenschutz/.

Data generated by the PAYUCA App is under PAYUCA’s sole technical control. The Customer’s rights under the GDPR remain unaffected.

In the event of damage caused by the Customer to a PAYUCA Location, the Location Partner, or other third parties while using a PAYUCA Location. This applies regardless of the cause of the damage, the identity of the injured party, or whether the customer has liability insurance, PAYUCA is entitled to disclose the Customer’s data, in particular the vehicle registration number, name and address, as well as information on the duration of the individual Usage Agreement (commencement, duration and end of the parking session or sessions and access events), to the owner of or person authorised to dispose of a PAYUCA Parking Space, or to their representative. In the event of damage, PAYUCA will transmit data exclusively to authorised persons. PAYUCA ensures that recipients are obliged to comply with data protection law. The owner or authorised person has a legitimate interest in asserting claims for damages against the person responsible; PAYUCA, as manager or lessee of the parking space, also has a legitimate interest in fulfilling its obligations towards the owner or authorised person. Disclosure of data is limited to what is necessary, for example name, address, official vehicle registration number and duration of the individual Usage Agreement (commencement, duration and end of the parking session or sessions and access events).

PAYUCA is entitled to disclose the Customer’s data in the event of damage to persons other than the owner of or person authorised to dispose of a PAYUCA Parking Space, or their representative, only where requested by a domestic or foreign authority or court.

During an ongoing parking session, the Customer has no claim against PAYUCA for deletion or rectification of the Customer’s data.

After termination of the contract, the Customer is entitled to withdraw consent to the storage, processing and disclosure of data at any time by email. In this case, PAYUCA is obliged to delete the relevant data unless statutory retention obligations apply.

In the event of a breach of the following provisions, the Customer is obliged, without prejudice to any further claims for damages by PAYUCA, to pay PAYUCA a contractual penalty in the amount specified in the Schedule of Charges. The contractual penalty is charged through the Customer’s PAYUCA Account and offset against available PAYUCA Credits. Assertion of the contractual penalty does not affect any claims for damages by PAYUCA; the contractual penalty will not be credited against a claim for damages:

• damage to Access Control Systems or other property of PAYUCA where the Customer is grossly at fault;

• breach of Section Right of Use and Customer Obligations;

• towing of the Motor Vehicle;

• breach of the Section Direct Business Relationship with the Location Partner;

• abusive submission of false reports.
  
  

The contractual penalty will be charged to the Customer’s PAYUCA Account. If the number of PAYUCA Credits available there is insufficient, a negative balance will arise. PAYUCA reserves the right to inform the Customer by email or in-app notification and request payment of the outstanding amount within an additional period of 72 (seventy-two) hours (“Payment Reminder”). If the balance is not settled within the prescribed period, PAYUCA is entitled, for each further reminder by email or SMS granting an additional period of 48 (forty-eight) hours, to charge a reminder fee in the amount specified in the Schedule of Charges as lump-sum reimbursement of the costs of the reminder and to temporarily suspend the PAYUCA Account, thereby restricting use of the PAYUCA App. The Customer will be expressly informed of the impending suspension, further reminder costs and, in the case of the impending towing of the Motor Vehicle.

The Customer must assert any claims against PAYUCA in court within 6 (six) months, failing which the claims shall be forfeited. This period begins to run upon the due date of the claim.

For any claims for damages asserted against PAYUCA, the forfeiture period begins when the Customer becomes aware of the damage. In addition, an absolute limitation period of 3 (three) years from the event giving rise to the damage is agreed, after which all claims shall in any event be forfeited.

The Customer may not set off claims that are neither legally connected with the Customer’s obligation nor established by a court or recognised by PAYUCA against claims of PAYUCA. This prohibition of set-off continues after termination of the contract between PAYUCA and the Customer but does not apply in the event of PAYUCA’s insolvency.

Claims against PAYUCA may not be assigned without PAYUCA’s written consent, and any such assignment shall be ineffective.

The following information on the right of withdrawal and the model withdrawal form correspond to the forms provided for in Annex I to the Austrian Distance and Off-Premises Contracts Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG).

You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason. The withdrawal period is 14 (fourteen) days from the date on which the contract is concluded.

To exercise your right of withdrawal, you must inform us (PAYUCA GmbH, Handelskai 92, Gate 2, 3rd floor, +43 1 307 5622, office@payuca.com) of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an email. You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period expires.

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs, except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us, without undue delay and no later than 14 (fourteen) days from the day on which we receive notification of your withdrawal from this contract. We will make the reimbursement using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of the reimbursement. If you requested that the service begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the time at which you inform us of your exercise of the right of withdrawal in respect of this contract, compared with the full scope of the services provided for in the contract.

(If you wish to withdraw from the contract, please complete and return this form.)

To

PAYUCA GmbH

Handelskai 92, Gate 2, 3rd floor

1200 Vienna

I/We hereby withdraw from the contract concluded by me/us.

Ordered on

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s)

(only if this form is submitted on paper)

Date

For all claims arising out of or in connection with contracts concluded between PAYUCA and the Customer, the courts in Vienna having subject-matter jurisdiction shall have exclusive jurisdiction, unless the jurisdiction of the place where the property is situated or a consumer jurisdiction applies on a mandatory basis.

The contract concluded between PAYUCA and the Customer is governed exclusively by the substantive law of Austria, unless other legal provisions must be observed on a mandatory basis.

The Customer acknowledges that the PAYUCA App is continuously improved and optimised. If an update of the PAYUCA App is required, the Customer will be informed when starting the PAYUCA App and may confirm the download and any associated amendments to these General Terms and Conditions by selecting a button on the smartphone display.

PAYUCA will inform the Customer by email or in-app notification at least 6 (six) weeks before amendments to the General Terms and Conditions are intended to enter into force and will additionally publish them on the PAYUCA Website.

PAYUCA reserves the right to amend these General Terms and Conditions at any time. The Customer may either accept or reject the amendments before they enter into force. If the amendments do not concern material points that shift the contractual balance to the Customer’s detriment or fundamentally alter the contract, the Customer’s consent will be deemed given unless the Customer objects in writing no later than two weeks before they enter into force, for example by deleting the account.

With every announcement, PAYUCA will clearly and comprehensibly inform the Customer of the right to object and the consequences of failing to object. If the Customer does not wish to accept the amendments, the Customer may easily delete the account before the amendments enter into force and thereby terminate the contract. PAYUCA will also draw attention to this right in every amendment notice.

No later than before concluding a new Usage Agreement for a parking space, the Customer must accept the amendment to the General Terms and Conditions; otherwise, no contract can be concluded with PAYUCA.

If notice of an amendment to these General Terms and Conditions is provided together with notice of an update, the Customer may accept only both together.

An amendment to these General Terms and Conditions applies to all future Usage Agreements from the time it is accepted by the Customer.

The validity of these General Terms and Conditions or of a Usage Agreement concluded between PAYUCA and the Customer is not affected by the invalidity of individual provisions. The parties shall replace an invalid provision with another valid and permissible provision that most closely reflects the meaning and purpose of the provision that has ceased to apply.

No ancillary agreements have been made; alternatively, it is hereby agreed that any such agreements are cancelled by mutual consent upon acceptance of these General Terms and Conditions.

Unless these General Terms and Conditions expressly provide otherwise, all communications from the Customer to PAYUCA must be made in text form, preferably by email.

The rights and obligations under these General Terms and Conditions apply equally to the permitted legal successors and assignees of the parties. The Customer may assign the agreement underlying these General Terms and Conditions to third parties only with PAYUCA’s prior written consent. PAYUCA is entitled to assign these terms at its discretion without the Customer’s written consent.

In the event of any discrepancies or inconsistencies between the German and English versions of these General Terms and Conditions, the German version shall prevail.

Address: PAYUCA GmbH, Handelskai 92, Gate 2, 3.OG, 1200 Wien

E-Mail: office@payuca.com

Telephone: +43 1 307 5622

Company Regsister Number: FN 440762f Handelsgericht Wien

VAT Identification Number (Austria): ATU69942315

VAT Identification Number (Germany): DE344673070

Data Processing Register DVR: 4017740

Managing Director: Dominik Wegmayer

Contractual Penalty EUR 40.00

Reminder Fee EUR 5.00

Version 17.09.2026