Terms & Conditions
Our Terms and Conditions
General Terms and Conditions of ParkGuard Solutions GmbH and the FalschParker App
Version: 21 July 2026 — replaces all previous versions
Key information at a glance
These General Terms and Conditions (hereinafter referred to as "GTC") govern the use of the FalschParker app, the associated websites and the related services of ParkGuard Solutions GmbH (hereinafter referred to as "ParkGuard" or "we") in Switzerland.
The FalschParker app allows private users and business customers to report, document and process violations of private parking regulations on private property. The platform can be used to initiate compensation payments, manage parking spaces, process cases and request other services.
ParkGuard provides the technical platform and the associated documentation, processing, payment and support processes. Physical parking enforcement and towing services, if commissioned, are carried out by independent external partner companies (see section 5).
Please read these Terms and Conditions carefully. They contain important information about using the platform, the rights and obligations of users, and the responsibilities for reporting and handling violations.
You are entering into a contract with ParkGuard Solutions GmbH, a limited liability company based in Switzerland.
1. Scope
These terms and conditions govern the use of the FalschParker app, the websites and the associated services of ParkGuard Solutions GmbH.
The platform can be used by private users as well as business customers, in particular owners, tenants, administrators or facility service providers.
The platform allows violations to be reported, documented and processed, as well as compensation for expenses to be triggered or managed.
2. Users and business customers
Users within the meaning of these Terms and Conditions are all persons who use the FalschParker app, the website, or the services of ParkGuard. This includes private users as well as business customers, such as property owners, management companies, tenants, facility service providers, businesses, or other authorized clients.
Additional or differing individual agreements may apply to business customers, particularly regarding parking lot monitoring, reimbursements, billing, responsibilities, additional expenses and termination. Such individual agreements take precedence over these General Terms and Conditions to the extent that they expressly contain differing provisions.
3. Right of use
The user confirms that they are authorized to use, manage, or have controlled the reported parking spaces, parking areas, or private properties.
The user shall ensure that the ownership, rental, usage or management rights to the areas in question are clarified and that there are no circumstances known to them that would prevent the reporting, monitoring or enforcement of violations.
ParkGuard may rely on the information provided by the user and is not obliged to independently and comprehensively verify ownership, rental, usage or management rights.
4. Using the platform
Users can use the platform to record, document, and submit violations for processing.
If a user submits a report via the platform, they are responsible for the accuracy and completeness of their information. This applies in particular to details regarding the parking area, authorization to use the parking space, signage, parking rules, vehicles, and the specific incident.
ParkGuard processes cases based on the information and documentation provided by the user.
5. Physical parking enforcement and towing services
ParkGuard can, upon request, organize and provide physical parking lot checks and towing services.
Physical parking enforcement on-site is generally carried out by ParkGuard's own employees ("ParkGuards"). These employees record and document violations on-site via the platform.
Towing services are provided either by ParkGuard using its own vehicles and staff or by independent towing companies (hereinafter referred to as "partner companies"). The method chosen in each individual case depends primarily on availability, location, and the nature of the job.
If ParkGuard uses its own vehicles and employees, ParkGuard carries out the towing order itself and under its own responsibility.
When partner companies are used, they independently handle and carry out the respective order initiated via the platform. ParkGuard selects partner companies with due diligence and forwards the information necessary for order fulfillment, in particular location, license plate number, and case details, to the respective partner company. The actual execution of the towing order is then the responsibility of the partner company.
Liability for both methods of execution is governed by clause 17.
If physical parking enforcement is carried out on the direct behalf of a client, it is based on information, parking rules, authorization lists, plans, and instructions provided by the client. The client is responsible for ensuring that this information is complete, accurate, and up-to-date.
6. Camera-based recording of parking violations (CCTV)
For some clients, parking violations are recorded and documented using stationary video surveillance (CCTV). The camera surveillance is operated either by the client themselves or by camera systems provided by ParkGuard. Based on the recordings, parking violations can be identified and a compensation payment triggered.
The operator of each camera is responsible for clearly indicating the video surveillance on site with prominent signs and for complying with applicable data protection regulations. The recordings are evaluated solely for the purpose of detecting and documenting parking violations.
Further information on the processing of video data can be found in the privacy policy of ParkGuard Solutions GmbH.
7. Parking violations and compensation for expenses
A processing fee may be charged for violations of applicable parking regulations. This fee covers the administrative, technical, and operational costs incurred as a result of the violation and its processing.
The compensation for expenses can be triggered by the user themselves via the platform, recorded on-site by a ParkGuard inspector, or documented via camera surveillance and subsequently processed by ParkGuard. On-site inspections are generally carried out by ParkGuard's own employees ("ParkGuards").
ParkGuard provides support in documenting, processing, billing and enforcing relevant cases, insofar as this is provided for via the platform or within the framework of an agreement.
8. Assignment of claims (cession)
The recording and processing of cases via the platform requires the user to assign the corresponding claims to ParkGuard. For this purpose, each user signs an assignment agreement (cession contract) by digital signature upon registration. Without a signed assignment agreement, no cases can be recorded and no claims can be asserted via the platform.
With this assignment, ParkGuard is entitled to assert the assigned claims in its own name and for its own account. The scope, location, and further details of the assignment are governed by the respective signed assignment agreement and any supplementary individual agreements, particularly with business customers.
In case of discrepancies between these terms and conditions and the signed assignment agreement, the assignment agreement shall prevail with regard to the assignment of claims.
9. Refund
Provided that it is individually agreed, property owners, administrators or other authorized clients may receive a refund for expenses paid.
The amount, conditions, and payment terms of the refund will be agreed upon individually. A claim for a refund exists only if this has been expressly agreed upon.
10. Documentation, signage and judicial prohibition
ParkGuard appropriately documents reported incidents. This may include, in particular, photos, video recordings, timestamps, location data, incident details, and other relevant information. For information on the labelling requirements for video surveillance, see section 6.
Some clients have a court-ordered injunction – a court order issued by the competent judge prohibiting unauthorized entry or use of the area in question. If such an injunction exists, it can be noted during the processing and documentation of a case. The existence of a court-ordered injunction is optional and not a requirement for ParkGuard to process a case.
The user is responsible for ensuring that the information regarding the parking area, signage, applicable parking rules and any court-ordered prohibition is correct, complete and up-to-date.
11. Objection procedure for vehicle owners
Vehicle owners or affected persons may file a written objection within 10 working days of receiving an invoice or demand.
Objections can be submitted via the website www.falsch-parker.ch or by email to support@falsch-parker.ch. ParkGuard will review the objection based on the available documentation and information.
12. Responsibility for incorrect or incomplete information
The user is responsible for the accuracy and completeness of their information, in particular regarding the parking area, the authorization to use the space, the signage, the authorization lists, the registered vehicles, any court-ordered prohibition and individual violations.
If the user provides false, incomplete or misleading information or omits important information, they shall bear the resulting consequences, in particular claims for reimbursement, additional clarifications, official or legal proceedings and any resulting reasonable additional expenses.
ParkGuard is entitled to charge the responsible user or client for such additional expenses, insofar as these were caused by incorrect, incomplete or misleading information or by a lack of cooperation.
13. Protection against misuse of the platform
The platform may only be used for lawful and legitimate reports. Reporting or monitoring parking areas is considered impermissible use if the user is not authorized to do so or if they are aware that the usage, ownership, or management situation is unclear.
Also prohibited are false, abusive or misleading reports, as well as the use of the platform to enforce obviously unfounded or unlawful claims.
In cases of misuse, unclear authorizations or justified suspicion of unauthorized use, ParkGuard may reject individual cases, pause ongoing processing, defer claims or temporarily or permanently block access to the platform.
14. No guarantee of successful enforcement
ParkGuard assists with the documentation, processing, and enforcement of violations. However, there is no guarantee that compensation for expenses or other measures can be successfully enforced in every case.
This applies in particular if objections are raised, information is incomplete, entitlements are unclear, or authorities or courts come to a different conclusion.
15. Costs
For business customers and private users, the use of the FalschParker app is generally free of charge, unless explicitly agreed otherwise.
Additional fees may apply for certain official inquiries, particularly regarding blocked vehicle owner information. These fees will be passed on to the vehicle owner or the responsible person. The amount of such fees depends on the respective cantonal or official regulations.
16. Access to vehicles and parking areas
If towing, inspection or other on-site services are commissioned, the user or client undertakes to provide the necessary access to the parking area or vehicle in question so that the service can be carried out safely and lawfully by ParkGuard with its own employees or by the commissioned partner company.
17. Liability
ParkGuard accepts no liability for damages, losses or other incidents that existed prior to an inspection, report or towing.
ParkGuard also accepts no liability for damages caused by illegal parking, incorrect or incomplete information provided by the user or client, or unclear authorization situations.
If ParkGuard performs a towing service with its own vehicles and employees, ParkGuard is liable for any damage caused in accordance with the general legal provisions, within the scope of the following limitation of liability.
If towing services are carried out by partner companies, ParkGuard is liable within the scope of the careful selection and referral in accordance with section 5. The respective partner company is liable for damages it causes itself during the execution of the towing order.
ParkGuard is liable only for direct damages caused by intentional or grossly negligent conduct, to the extent permitted by law. Liability for indirect damages, consequential damages, lost profits, or third-party claims is excluded to the extent permitted by law.
18. Platform availability
ParkGuard strives to ensure reliable platform availability. However, technical, operational, or security-related limitations may occur. ParkGuard does not guarantee that the platform will be uninterrupted, error-free, or fully available at all times.
19. Additional product: Fuel theft (only for petrol station operators)
The "Tankflucht" (fuel theft) product is aimed exclusively at petrol station operators. This section is not relevant for any other users and business customers of the platform.
ParkGuard handles cases within this product where customers fail to pay for fuel purchased at a petrol station. If a petrol station reports such an incident via the platform, ParkGuard documents and processes the case according to the principles for administrative fees outlined in sections 7 and 8. In addition to the outstanding invoice amount for the fuel purchased, an administrative fee and reasonable processing costs may be claimed.
The processing is based on the information and evidence provided by the petrol station, in particular the license plate number, time, quantity and amount of the refuelling transaction.
20. Data protection
ParkGuard processes personal data in accordance with applicable data protection regulations, in particular the revised Federal Act on Data Protection (revFADP), and the privacy policy of ParkGuard Solutions GmbH, available at www.falsch-parker.ch. The privacy policy is an integral part of these terms and conditions.
21. Changes to the Terms and Conditions
ParkGuard may amend these Terms and Conditions with future effect. Significant changes will be announced at least 30 days before they take effect on the website and/or in the app.
If a business customer does not object to a material change within 30 days, the change is deemed accepted. If an objection is submitted in due form and time, the previous terms and conditions remain in effect until the respective individual agreement is properly terminated; in this case, ParkGuard is entitled to terminate the individual agreement in compliance with the contractually agreed notice period.
22. Severability clause
Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid provision.
23. Applicable law and jurisdiction
These terms and conditions are governed by Swiss law. The exclusive place of jurisdiction, to the extent permitted by law, is Zurich, Switzerland.
Contact
ParkGuard Solutions GmbH
Schaffhauserstrasse 121
8302 Kloten
Switzerland
Email: support@falsch-parker.ch