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General Terms and Conditions (GTC)

– As of November 22, 2023 –

These General Terms and Conditions (GTC) supplement the order confirmation or the contract of beppo AG (hereinafter referred to as beppo) with the Client as an integral part of the contract and generally regulate all points not mentioned therein. In the event of discrepancies, the text in the order confirmation or contract takes precedence. Provisions to the contrary are subject to written form and must be expressly stated in the order confirmation or contract.

1. Definitions

Illegal parkers are persons who have illegally parked the vehicle they are using in the car park, the area or in the multi-storey car park of a client of beppo.

Fuel bill debtors are persons who have signed a promissory note for their unpaid fuel bill with a beppo client, but have not yet paid it.

Fuel offenders are people who refueled the vehicle they used and then left the gas station without paying their fuel bill.

Fuel pump mix-ups are people who have refueled the vehicle they are using and have paid an incorrect fuel bill.

2. Basics of the business relationship

The basis of the business relationship is a contract for the use of the services offered by beppo, in particular, but not exclusively, for the platform-based management of parking lots, multi-storey car parks, areas, petrol stations, promissory notes and parking tickets, for the holder data collection of visitors, illegal parkers, tank offenders and petrol pump mix-ups, as well as the associated collection and reprimand. The current tariffs and conditions as well as these general terms and conditions and, if necessary, other, special terms and conditions and contractual bases shall apply.

The landowner and tenant entitled in rem as well as their authorised representative (hereinafter referred to as the client) suffer damage as a result of illegally parked vehicles in the car park, multi-storey car park or area protected by a judicial parking ban. According to the case law of the Federal Supreme Court, compensation for driving costs can be claimed from the offending driver of the vehicle (judgments 6B_192/2014 at 4.2 and 6S.77/2003 at 4.2 and E 4.4.).

Failure to pay fuel bills by fuel bill debtors, fuel offenders and gas pump mix-ups can be punished as theft or fraud in accordance with Art. 137 et seq. of the Swiss Criminal Code or as a breach of contract in accordance with Art. 97 et seq. of the Swiss Code of Obligations.

3. Term of Contract and Termination

Contracts are concluded for an indefinite period of time and can be mutually terminated with a notice period of 30 days in writing. The Client undertakes to return all submitted material to beppo within 10 days after termination of the contract.

4. Services provided by beppo

With additional agreement, the provision

  • a smartphone application (beppo app)
  • a browser-based portal for illegal parkers, fuel offenders, fuel bill debtors and petrol pump mix-ups
  • of a browser-based admin portal
  • of parking tickets for illegal parkers
  • of registration forms for fuel bill debtors
  • of invoices, reminders and reprimands
  • a digital payment function for illegal parkers, fuel offenders, fuel bill debtors and petrol pump mix-ups
  • payment slips for parking offenders, fuel bill debtors and petrol pump mix-ups
  • of digital documents that are necessary for a reprimand of the parking offender, fuel bill debtor and gas pump mix-up, if the latter does not meet its payment obligations on time
  • Other supporting products, services and services

beppo handles objections from illegal parkers, fuel offenders, fuel bill debtors and petrol pump mix-ups as agreed with the Client. There is no obligation for beppo to claim a compensation for operating expenses or fuel bill.

5. Prices and goodwill

The amount of the compensation for operating expenses shall be determined by the Client, taking into account Swiss law. Within the payment period stipulated in each case, any recorded claim for compensation for expenses may be cancelled by the Client free of charge. According to this provision, the Client’s claims for compensation for operating expenses are invoiced in accordance with the respective individual agreement.

For services and services in connection with non-payment of fuel bills, the current price list applies, unless otherwise agreed between the Client and beppo.

Without an additional agreement, the Client will not incur any further costs when working with beppo.

6. Data processing

beppo claims compensation and fuel bills on behalf of its clients. In this context, beppo processes and stores photographs and license plate numbers of incorrectly parked and refueling vehicles. Likewise, beppo stores the date, place and time of the corresponding offences as well as the names and contact details of vehicle owners, persons who contact beppo in connection with these offences and persons who have signed a promissory note. beppo will make these documents and information available to its clients and the responsible authorities upon request. By signing the contract, clients commission beppo to process this data.

Further regulations on data processing, including how to request the deletion of the account, can be found in the currently valid privacy policy of beppo.

7. Ownership and copyright

The material handed over to the Client remains the property of beppo, including the beppo app, which is installed on the Client’s technical device. beppo is the owner and creator of the beppo app. All rights to the beppo app and in particular the transfer to third parties are reserved by beppo. The Client undertakes to keep all information confidential and not to pass it on to third parties without the express written consent of beppo.

8. Authorization to represent

For the provision of services and, in particular, the processing within the framework of a beppo-specific service, all persons authorised by the Client to do so shall be deemed to be authorised and authorised to represent the Client. The Client bears the risk of insufficient authorisation to represent or lack of legitimacy of the persons authorised by it.

9. Disclaimer

Liability for negligent, incorrect or careless provision or execution of the services by the Client as well as loss or destruction of files and information handed over by the Client in electronic form is waived. beppo is not liable for damages that occur due to incorrectly transmitted information to the Client.

To the extent permitted by law, beppo’s liability is limited to damages that occur as a result of a grossly negligent breach of duty by beppo on the part of the Client. Liability for further damages, namely the indemnification of third parties, is completely excluded. beppo provides the Client with an app (beppo App) for recording offences. The Client installs the beppo App on its technical device at its own risk. beppo assumes no liability in the event of incorrect installation or incorrect programming of the beppo app. beppo is only liable for direct damage caused by it or by an auxiliary person called in by it if it can be proven that it was caused by gross negligence or intent. beppo expressly rejects any further liability for indirect or consequential damages, such as loss of profit, unrealized savings or additional expenses as well as damages due to delay in delivery. beppo also disclaims any liability to the extent permitted by law.

10. Written form agreement

Amendments or additions to this Agreement must be made in writing in order to be valid.

11. Severability

Should any provision of this contract or an annex to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual gaps.

12. Applicable law

Substantive Swiss law is applicable.

13. Place of jurisdiction

The legal provisions apply. The place of jurisdiction is Zurich.