Terms and Conditions

– As of 8 November 2021 –

These General Terms and Conditions (GTC) are additional as an integrated contractual component of the order confirmation or.dem contract of beppo AG (hereinafter referred to as beppo) and basically regulate all points not mentioned there. In case of deviations, the text in the order confirmation / in the contract takes precedence. Other provisions require written form and must be expressly stated in the order confirmation / contract.

1. Basics of the business relationship

The basis of the business relationship is a contract for the use of all services offered by beppo in the areas of parking space usage management, parking lot, vehicle and owner data collection of visitors and wrong-way parkers as well as the associated collection. The respectively valid tariffs and conditions as well as these General Terms and Conditions and, if applicable, other, special terms and conditions and contractual bases shall apply. The landowners and tenants entitled to property as well as their authorized representative (hereinafter referred to as the client) suffer damage due to illegally parked vehicles on the area protected by a judicial parking ban. According to federal court case law, compensation for driving can be claimed from fallible drivers (judgments 6B_192/2014 E. 4.2 and 6S.77/2003 E. 4.2 and E 4.4.).

2. Duration of contract and termination

The contract between beppo and its client is concluded for an indefinite period of time and can be terminated by registered mail with a notice period of 30 days. After termination of the contract, the client undertakes to return all material submitted to beppo within 10 days.

3. Services of beppo

With additional agreement, the provision

  • a smartphone application (beppo app)
  • of a wrong-way parking portal
  • of a browser-based admin partal
  • of stickers to identify a parking zone
  • of fines for wrong-way parkers
  • a payment function for wrong-way parkers
  • of digital documents that are necessary in the event of a misplacement of the wrong-way parker, the latter should not have compensated for any compensation for the activity in due time
  • other supporting products, services and services.

beppo forwards all objections of wrong-way parkers to the corresponding client.

4. Violators

Violators are persons who have illegally parked a vehicle on the premises of a client of beppo. beppo demands compensation violators on behalf of its clients. There is no obligation for beppo to claim compensation for the activities.

5. Prices for compensation and goodwill

Without an additional agreement, there are no costs for the client when working with beppo. The amount of the compensation shall be determined by the client taking into account Swiss law. Within 30 days, any recorded compensation claim can be cancelled free of charge by the client. Thereafter, recorded compensation claims of the client will be invoiced as regulated in the additional agreement.

6. Ownership and copyright

The material provided 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 author 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 and written consent of beppo.

7. Right of representation

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 them. The client bears the risk of insufficient representation or lack of legitimacy of the persons authorised by it.

8. Disclaimer

Liability for damages that occur due to incorrectly transmitted information of the client is excluded. Liability for indirect or consequential damages, such as loss of profit, unrealized savings or additional expenses, is excluded.

9. Right of representation

Changes or additions to this agreement must be made in writing in order to be valid.

10. Severability clause

Should any provision of this contract or a supplement 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 an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.

11. Applicable law

Substantive Swiss law shall apply.

12. Place of jurisdiction

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

 

Translated on 8 November 2021 from German by Microsoft Word for Mac Version 16.54

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