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General Terms and Conditions of Business

1. Supplier Information

For services at Berlin Brandenburg Airport (BER)
Flughafen Berlin Brandenburg GmbH (FBB)
T +49 30 609160910
E commercial@berlin-airport.de

Postal address:
Flughafen Berlin Brandenburg GmbH, 12521 Berlin, Germany

Chairman of the Supervisory Board: Jörg Simon
Chief Executive Officer: Aletta von Massenbach
Chief Human Resources Officer: Michael Halberstadt
Chief Operations Officer: Thomas Hoff Andersson

Registered office of the company: Berlin
Court of registration: District Court of Cottbus HRB 9380 CB
VAT Identification Number: DE 223892319

Dispute resolution

Platform for online dispute resolution

http://ec.europa.eu/consumers/odr/   

We do not participate in dispute resolution proceedings before a consumer dispute arbitration board, but hereby inform you of the competent consumer dispute arbitration board:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.

Straßburger Str. 8
77694 Kehl
https://www.verbraucher-schlichter.de/

2. Services

2.1 FBB operates Berlin Brandenburg Airport and is the contractual partner for all services offered at Berlin Brandenburg Airport.

2.2 The following services are provided at Berlin Brandenburg Airport and can be ordered subject to these General Terms and Conditions.

2.3 For the use of the observation deck and lounge services, the respective valid conditions of use, which can be found in the order process, must be observed. Each service can only be used for the date and time slot booked. A transfer to another day is not possible. To use the Lounge, a valid flight ticket for the booked day is also required.

3. Conclusion of the order and changes to the order

3.1 The provision of the booking option for services at Berlin Brandenburg Airport does not constitute a legally binding offer by the FBB, but merely a non-binding request to the customer to order the corresponding service from the contractual partner. 

3.2 By providing the necessary information in the respective order form and confirming the order by pressing the "Buy Now" button at the end of the ordering process, the customer submits a binding and irrevocable offer to conclude a contract. Until the "Buy Now" button is pressed, the order process can be cancelled/terminated by the user at any time by clicking on the "Back" button or terminating the order process.

3.3 If the services are available on the date requested by the customer, the customer will be requested to pay the respective fee after submitting the binding offer. The customer is provided with various payment options for this. The request for payment of the service is the acceptance of the customer's offer by the FBB.

3.4 All services of the FBB are provided or rendered subject to prior payment of the agreed fee. Without prior payment of the agreed fee, the FBB shall be entitled to withhold or not provide the service ordered by the customer. 

3.5 Once the payment has been successfully processed, the customer will receive an order confirmation displayed on the mobile device in the app and sent by email to the email address specified by the customer, which entitles them to the respective access. In the case of the Lounge, the order confirmation serves as proof of payment. Admission control is based on the guest’s valid boarding pass and the flight data provided in the order process.

4. Fees

4.1 For each service booked, a service fee in the amount shown in the booking form shall be owed by the customer; this is due for payment immediately using the payment options indicated, generally by credit card or PayPal.

4.2 A refund of the service fee in the event of non-use of the service is excluded, unless the contractual partner is not responsible for the non-use of the service or this cannot be attributed to them. If the contract cannot be executed by FBB, the customer can decide whether to obtain a refund of the purchase price or a voucher in the amount of the purchase price.

4.3 For payment processing we use the payment service provider Adyen (Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam/Niederlanden) for payment methods credit/debit cards. Furthermore, you can choose PayPal (PayPal (Europe) S.à.r.l. et Cie, S.C.A., (R.C.S. Luxembourg B 118 349), 22-24 Boulevard Royal, L-2449 Luxembourg) directly for your payment. Both payment service providers process the user’s payment data and send FBB the successful payment for a specific order.

4.4 All payment data stored during the ordering process is processed exclusively and independently by the payment processor.

5. Right of cancellation

For this contract set-up, § 312g paragraph 2 Number 9 BGB (German Civil Code) does not provide a right of cancellation. The customer may not cancel his or her order/booking.

6. Liability

6.1 Liability for the loss of luggage or other personal items is excluded.

6.2 The FBB is liable for damages due to intent or gross negligence in accordance with the statutory provisions. Liability for slight negligence on the part of the FBB or a vicarious agent of the contractual partner in the event of a breach of an essential contractual obligation shall be limited to the foreseeable damage typical for the contract and shall be excluded in all other respects. Liability for culpability for damages resulting from injury to life, body or health remains unaffected.

6.3 The FBB shall not be liable for damages resulting from force majeure or other causes for which it is not responsible, such as official interventions, security-relevant measures at the airport or incorrect information from airlines on departure times or departure gate information.

7. Final provisions

7.1 The services of the FBB shall be exclusively subject to German law. Our General Terms and Conditions of Business shall be authoritative in the German language version of these.

7.2 Berlin is agreed as the place of jurisdiction for commercial business matters. The aforementioned place of jurisdiction does not apply to the dunning procedure. The contractual partner is also entitled to initiate legal proceedings at the customer's general place of jurisdiction.

7.3 Should individual provisions of a contract be invalid or unenforceable, this shall not affect the validity of the other provisions. Total invalidity shall apply, however, if the adherence to the contract, even after supplementation by dispositive law, represents an unreasonable hardship for one of the contracting parties or if the loophole cannot be resolved either by dispositive law or by supplementary interpretation of the contract.

Berlin, Oktober 2020 (v4)