Version 2.4 valid from 14th of February 2024
Parcandi is an application (hereinafter “App”) that can be used to rent parking spaces (including any additional services) from owners in certain properties in Switzerland. Parcandi AG (hereinafter “Parcandi”) acts solely as an intermediary for the car parks.
The actual tenancy is concluded directly between the owner of the respective property or the responsible property management company, both represented by Parcandi, and the user of the app.
The owner rents the car park to the tenant under the conditions set out in the app (in particular the agreed net rent, the ancillary costs due and the permitted use). The tenant declares that he is aware of the condition of the rented property and does not require any further explanations. He accepts the rental property in its current condition and undertakes to use it exclusively for the agreed purpose.
These General Terms and Conditions (hereinafter referred to as GTC) are an integral part of the rental agreement. The use of the app and the booking of a car park requires agreement to these.
The rental property is intended for the parking of a motor vehicle, to the exclusion of any other use. Due to the structural conditions of the rental property, use is only permitted with the vehicle type selected in the booking process and for vehicles within the permitted height of the car park.
Vehicles may only be parked within the parking spaces reserved by the user and designated by Parcandi within the marking. Use is only permitted during the times defined in the rental agreement or for each building (e.g. from 19:30 to 7:30). The parking lots must be vacated immediately at the end of the rental period. Vehicles parked illegally or in such a way as to obstruct traffic may be moved, towed away or blocked for a fee.
The user shall insure the vehicles and their accessories located in the car park used at his own expense against fire, explosion, water and vandalism or burglary damage at their value. Neither Parcandi nor the owner shall be liable for damage to the parked vehicles and the user alone shall also bear the consequences of any failure to fulfil this insurance obligation, to the full discharge of Parcandi or the respective car park owner.
It is prohibited for the vehicle owner and/or third parties to linger in the car parks or on the parking spaces or plots when accompanied by the vehicle owner and/or third parties, or to use the parking spaces and facilities for any other purpose, e.g:
The instructions of Parcandi or the owner of the respective property or its management must be followed.
By reserving or booking a parking space or additional services, the tenant accepts the house rules applicable to the car park, the terms and conditions of use for the car park and Parcandi’s GTC. In the event of a conflict between the GTC and the house rules, these GTC and the terms and conditions of use of the Parcandi car park shall take precedence.
The use of a car park may be restricted for residential purposes. It is then labelled in the app as “Reserved for residents and for residential use only”. The service offered in these car parks is only reserved for residents and for residential destinations that are within a reasonable distance of the allocated parking space. The user undertakes to use the car park and to ensure that the main residence to which the space is allocated is located in the immediate vicinity (approx. 200m, or in accordance with the cantonal ordinances and jurisdiction applicable to the car park in question).
If the user changes the use of the rental property or part of it without authorisation, Parcandi or the owner may terminate the rental agreement extraordinarily or even without notice.
Full or partial subletting of the rental property (Art. 262 CO) is not permitted.
Parcandi and/or the owner of the property have the right to take and store recordings of users’ licence plate numbers in accordance with the applicable data protection regulations (see Privacy Policy).
Accidents involving personal injury must be reported to the police. In the event of accidents involving other vehicles (damaged property), the personal details of the user and their insurance details must be deposited with the damaged vehicle.
Damage and defects in the car parks or on the premises and their facilities (barriers, cash desks, lifts, lighting, signals, etc.) must be reported to Parcandi or the responsible administration.
The car park must be left in a clean and completely cleared condition at the end of use. Any clearing and/or cleaning costs will be charged to the user/tenant.
Parcandi has the right to block the use of the app at any time.
Parcandi or the respective owner or its management of the car park shall be entitled to charge the perpetrators for any expenses incurred as a result of non-compliance with these regulations.
Failure to comply with the terms of use or improper use of the app is liable for damages and will result in a warning fee of CHF 100. The right to claim further damages is reserved. Repeated non-compliance will result in the user being permanently blocked and any existing rental agreements being cancelled.
3.1 Short-term parking
The user makes a reservation request for an undefined period for the desired parking space and the desired additional services. The reservation request does not entitle the user to a parking space or the selected additional services.
If a parking space is available at the desired time and the selected additional services are available, the user receives a reservation confirmation for a specific parking space for the required period and the additional services.
If the rental confirmation refers to a fixed parking space with a parking space number, this is binding. Parking is only permitted during the times of use of a car park defined in the rental agreement or for each car park (e.g. between 19:00 and 6:00 the following day).
Parcandi can offer automatic licence plate recognition. In this case, the rental agreement is started when the licence plate number is recorded on entry and ended when it is recorded on exit. The payment process must be carried out by the user.
The user owes the fees due for the rental period and the corresponding model and for the additional services used.
To terminate the rental relationship, the user must end the booking in the app after leaving the car park or when he no longer needs the car park. The user owes the tariff due for the rental period, as well as the fees owed for the additional services used, which will be charged to the user accordingly.
3.2 Long-term parking
The user submits a rental request for a parking space and the desired additional services for an indefinite period of time. Depending on the selected subscription, use may be restricted to agreed times (e.g. Monday to Friday, from 7.30 am to 6.30 pm). The user is not entitled to a parking space or the selected additional services with the rental request.
The allocation of a fixed parking space is possible by agreement.
If a car park is available according to the request and the selected additional services are available, the user will receive a rental confirmation for a specific car park and the selected additional services.
If the rental confirmation refers to a fixed car park with a car park number or to defined times (e.g. between Monday and Friday, between 8:00 and 18:00), these are binding. Parking outside the agreed times is not permitted.
The licence plate number must be stored in the application to gain access to the car park. Several licence plates can be stored for one user. However, only one vehicle per rented parking space may be in the car park.
To terminate the tenancy, the tenant cancels the subscription in the app or informs Parcandi (+41 (0) 61 512 45 05, kundenservice@parcandi.ch). Parcandi will inform the tenant in the intended manner.
The user owes the fees due for the rental period and the corresponding model and for the additional services used.
The conditions differ depending on whether the car park is rented separately or in connection with residential or business premises:
Separately rented car park:
Car park with simultaneously available, personally rented residential or commercial space
3.3 Additional services
Additional services are only offered at defined locations. There is no entitlement to the offer of additional services by Parcandi and/or the landlord/owner. The rate applicable to the booking of the additional service is displayed during the reservation enquiry. By making the enquiry, the user accepts the underlying tariff.
These additional services are currently available:
The fees incurred for the use or rental of the car park shall be charged by Parcandi or, in the case of another owner or service provider, on their behalf.
4.1 Short-term parking
The charges for short-term parking are based on the uninterrupted rental period. There are basic, daily and monthly tariffs:
The fees include the statutory value added tax.
4.2 Long-term parking
The charges for long-term parking in a separately rented car park are based on a fixed monthly price that depends on the selected usage model.
The statutory value added tax is included in the fees. If the user uses another rental property within the building, no VAT is due unless the rental property is opted for.
4.3 Additional services
The tariff valid for booking the additional service is displayed during the reservation enquiry. By making the enquiry, the user accepts the underlying tariff.
The tariff can be adjusted at any time by Parcandi or the owner at the next billing date. The new tariff will be communicated at least two weeks before the next billing date and will then apply from the next billing period.
The fees include the statutory value added tax.
The following tariff options are available for additional services:
4.3.1 Charging infrastructure
For the provision of the charging infrastructure for exclusive use by the user over a longer period of time, the user owes the monthly provision price.
This is charged to the user on a monthly basis. The monthly provision price does not include the electrical energy purchased by the user for charging the vehicle.
4.3.2 Charging current
There are two options for billing the charging current:
5.1 Payment methods
Parcandi accepts as means of payment credit cards (Visa, Mastercard and American Express), PostFinance Card, PostFinance eFinance, PayPal, Google Pay, Samsung Pay, ApplePay, TWINT and purchase on account.
Purchase on account (including payment by installments) is processed by CembraPay AG (hereinafter “CembraPay”). The GTC and the privacy policy of CembraPay shall apply.
Payment by invoice is only available under the following conditions:
For recurring purchases, the GTC valid at the time of the recurring charge shall apply.
5.2 Payment modalities
The following payment methods apply to the payment of fees:
Payable on the day of the month in which use commenced (expiry date).
Parcandi is entitled to charge the user default interest of 5% from the due date and processing fees of at least CHF 30.00 per reminder and all other costs and expenses associated with late payment.
For any legal proceedings, the user recognises the fees or the rent and all ancillary costs in accordance with the last legally valid rent adjustment.
If the tenant chooses payment methods that incur fees for Parcandi or the landlord/owner (e.g. cash deposits at the post office counter), these costs will be charged to the tenant.
The tenant has paid on time if Parcandi can freely dispose of the money on the due date. Fees and rent payments will be credited to the item that has been due the longest, regardless of the reason for payment.
5.3 Debt collection, eviction/expulsion
The tenant expressly acknowledges and accepts in advance that this usage agreement is deemed to be an acknowledgement of debt within the meaning of Art. 82 of the Federal Act on Debt Collection and Bankruptcy of 11 April 1889 (SchKG – SR 281.1) and entitles Parcandi, or the owner, to apply for provisional legal proceedings against the user for the collection of the rent, ancillary costs, compensation for unlawful use and for all other financial claims in connection with this rental agreement.
If Parcandi or the owner initiates debt collection or expulsion proceedings against the tenant, the tenant shall be obliged to reimburse the landlord for all other costs and fees incurred through the tenant’s fault, in addition to interest on arrears, debt collection and procedural costs.
Parcandi uses promo codes to grant customer benefits (e.g. free parking time) as part of marketing campaigns, customer benefit programmes or as a component of products. These can be offered by Parcandi or together with partner companies.
Users are not entitled to the issue of promo codes.
The promo code is made known to customers and can be used by them on the platform. The promo code must be entered in the field provided before the booking is made. The promo code will then be verified by Parcandi.
The validity of the promo codes issued may be limited in time. The respective validity period is defined in the corresponding offer.
The promo code cannot be combined with other promo codes, vouchers or discounts. The last promo code entered applies.
With some offers, the promo code can only be used with the mobile phone number used for the first time and therefore cannot be transferred. A change of mobile phone number is only possible via customer support (+41 61 512 45 05, kundenservice@parcandi.ch).
If you are entitled to compensation for your booking (full or partial refund) then such compensation will not include the amount of the promo code value.
Parcandi reserves the right to unilaterally change the conditions of the promo codes or to stop issuing them at any time.
In the event of misuse, these may be rejected in accordance with the following Fair Use Policy:
The user is fully and unrestrictedly liable to Parcandi and the owner/landlord for all breaches of these GTC.
The user undertakes to indemnify Parcandi and the owner/landlord for all claims made against them in connection with breaches of these GTC.
The user is liable for all damage to the rented property, the rented property and its surroundings caused by himself, his family members and/or his employees or by third parties accompanying him.
The user must notify Parcandi immediately of any defects and/or damage caused by the user in accordance with section 8.1.
In the event of sudden defects in the rented property that constitute an emergency that cannot be postponed, the user is obliged to inform Parcandi, the caretaker, the management or the owner immediately or, in their absence, to take the absolutely necessary precautions to prevent consequential damage, as far as possible and reasonable.
The user is liable for any damage caused by the failure to notify Parcandi.
The user is obliged to use the rental property carefully and to keep it clean and in good condition. The tenant is responsible for all damage resulting from unauthorised use of the rented property.
Use of the car parks (including any additional services) is at your own risk and responsibility. Vehicles and persons are not guarded.
Parcandi accepts no liability for accidents, personal injury or damage to property.
Parcandi accepts no liability for theft or damage to property by third parties or for damage caused by external influences (fire, explosion, water, ice, snow, etc.).
The landlord is liable for all damage arising in the context of the tenancy within the scope of statutory liability (owner’s liability).
Liability on the part of Parcandi or the owner for direct or indirect damage caused by negligence, as well as for consequential damage, third-party damage and loss of profit resulting from the use of the car park or the purchase of additional services (e.g. purchase of charging current) is excluded to the extent permitted by law. The exclusion of liability also includes the non-provision or delayed provision of a car park or an additional service (e.g. charging current).
Parcandi and/or the landlord/owner are authorised to carry out maintenance, repair and adaptation work that the rented property, the associated facilities and installations and the common parts of the building require, subject to prior notice.
The user must tolerate necessary work at all times and grant free access to the individual garage/car park rented by him for this purpose. If he refuses to allow the workmen access to the rented property, he may be held liable for additional costs and consequential damage. This work only entitles the tenant to compensation or a reduction in rent if it leads to an actual reduction in use.
Parcandi and the owner accept no liability for the availability of the car park and any associated consequential costs. This applies in particular if the car park is illegally occupied by other users or third parties. If available and after consultation with Parcandi, the user can reserve a suitable alternative car park.
The installation and use of the app is at your own risk. Parcandi and the owner assume no warranty for the App and provide no support. Parcandi and the owner do not guarantee that the App and the services will function or be available at all times without error or interruption, or that errors will be rectified.
To the extent permitted by law, Parcandi and the owner disclaim any liability for the accuracy, appropriateness and timeliness of the information provided via the App or made available on Parcandi or third party websites. In particular, Parcandi and the owner accept no responsibility or liability whatsoever for actions taken or not taken on the basis of this information.
The app may contain hyperlinks to third-party websites (hereinafter: “third-party websites”) that are not operated by Parcandi or the owner. Users access such hyperlinks at their own risk. The user accepts that Parcandi and the owner are not responsible for checking or evaluating the content on these third-party websites. The contents of the third-party websites do not necessarily reflect the opinion of Parcandi or the owner. Parcandi and the owner accept no liability for the content of such third-party websites.
To the extent permitted by law, Parcandi and the owner disclaim any liability for inherent risks on the Internet. This includes in particular
Parcandi and the owner disclaim, to the extent permitted by law, any liability for damages related to accessing the app from abroad.
The user is obliged to use the charging station in accordance with its purpose and technical characteristics.
The user undertakes to handle the charging station and its accessories (plug, charging cable, RFID card) with care. Only rechargeable electric or hybrid vehicles may be connected to the charging station that are authorised for road traffic, whose components comply with the statutory regulations and which are in a ready-to-use, safe and professionally maintained condition.
The user is obliged to comply with the specifications of the respective vehicle manufacturer and to follow the instructions and instructions for use of the lessor and the manufacturer of the charging station.
The user must observe the warning messages issued by warning lights at the charging station and/or from the vehicle and immediately take all necessary measures to protect his own safety, the safety of third parties and the integrity of the vehicle and the rental object or the rental property.
The user shall not carry out any manipulations or other actions on the charging station that have not been agreed with the lessor and that are likely to have a negative impact on the charging solution or damage the charging station.
The user shall notify Parcandi of any defects or malfunctions of the charging solution of which he becomes aware as soon as they are discovered.
The user is liable for all damage caused in disregard of this section 9.
Parcandi grants the user the limited, non-transferable, non-exclusive right to use the app and the services offered therein.
Parcandi retains full ownership and copyright of all content.
Parcandi retains exclusive ownership of all resulting rights regarding reproduction, marketing and distribution (including renting, lending, leasing and licensing) as well as ownership of the application.
By using the app, the user grants Parcandi the free, irrevocable, unlimited, unrestricted and non-exclusive right to use, reproduce, modify, adapt, publish, translate, distribute and display all remarks, suggestions for improvement, comments, ideas, images and graphics as well as all other information transmitted to Parcandi through this app.
These GTC may be amended by Parcandi at any time at its own discretion. By continuing to use the app after a change to the GTC, the user accepts the changes in full and without reservation.
Parcandi undertakes to draw attention to changes in utilisation.
In the event of ambiguities in the various language versions of the GTCs, the German version shall prevail.
Should any of the above provisions violate applicable law, this shall not affect the validity of the remaining provisions.
In this case, the invalid provision shall be replaced with a legally compliant provision that comes as close as possible to the meaning of the original provision.
The tenancy, usage relationship and use of the application are governed exclusively by substantive Swiss law.
The provisions of the Swiss Code of Obligations (CO, tenancy law) or Civil Code (CC, real estate law) and, if applicable, the Road Traffic Act (RTA) and the associated ordinances, which are also applicable to the present contractual relationship, apply in the buildings or on the land of the rented car park.
The place of jurisdiction for all legal disputes arising from the usage relationship and the tenancy is Basel-Stadt. For tenancies in accordance with para. 3.2.8.2 the place of jurisdiction is the location of the property.
Version 2.4 valid from 14th of February 2024
Parcandi Europe GmbH | Nutzungsbedingungen für Deutschland
Version 2.1 gültig ab 22. Mai 2023
Parcandi Europe GmbH
22. Mai 2023