General terms and conditions

for the VIE-webshop of
Flughafen Wien Aktiengesellschaft
Postfach 1
1300 Wien-Flughafen

I. General Provisions

The VIE Shop (vie-shop.viennaairport.com) offers various services (hereinafter also referred to as “Services”), with regard to Services pursuant to Section II by Flughafen Wien Aktiengesellschaft (FWAG) and with regard to Services pursuant to Section III by FWAG in the name and for the account of City Air Terminal Betriebsgesellschaft mbH (CAT). 

The following General Terms and Conditions (hereinafter referred to as “GTC”) for the VIE Shop are an integral part of the contract with the customer for the respective services ordered in the VIE Shop. 

With regard to the lounge services (Section II.2.7.), the house rules of the Vienna Airport lounges and with regard to the provision of parking spaces (Section II.2.9.) and Easy Parking (Section II.2.10.), the parking conditions and house rules  shall also form an integral part of the contract, whereby the GTC shall take precedence in the event of contradictions.

Terms and conditions of the customer or third parties shall not apply under any circumstances, even if FWAG does not separately object to their validity in individual cases.

II. Vienna Airport Services

The following part of the GTC “Vienna Airport Services” shall apply to the services pursuant to Section II.2.3.-2.10. offered by FWAG in the VIE Shop.

1 Conclusion of contract

1.1 The provision of the option to order services in the VIE Shop does not constitute a legally binding offer by FWAG, but merely a non-binding invitation to the customer to submit an offer to conclude a contract in accordance with these GTC.

1.2 By pressing the function button “order with obligation to pay” (or similar), the customer submits a binding offer to conclude a contract.

1.3 The acceptance of this offer shall be effected by the transmission of a booking confirmation by FWAG. This shall be sent electronically immediately after the offer has been submitted. The contract is thereby effectively concluded.

2 Subject matter of the contract

2.1 The subject matter of the contract is the provision of the ordered services against payment, which are described in more detail in Sections II.2.3. to II.2.10. and in the course of the booking process in the VIE Shop. 

2.2 The time (hereinafter also referred to as “start of service”) and/or the day (hereinafter also referred to as “service date”) on which the respective service is to be provided must be selected by the customer when booking the respective service (e.g. date and entry and exit time for parking lot bookings or departure or transfer date when ordering a lounge stay).

2.3 Porter service

A service employee will collect the agreed number of items of baggage (excluding oversized baggage and baggage weighing over 30 kg) at the agreed time and place and transport them to the agreed destination (e.g. parking lot).

2.4 Premium Service departure

Your personal attendant will wait for you at the agreed time and place and accompany you to the gate of your flight.

2.5 Premium Service Arrival

Your personal attendant will wait for you at the agreed time at the agreed place (arrival gate or bus arrival terminal) and accompany you to the agreed place (e.g. cab rank).

2.6. Premium Service Transfer

Your personal attendant will be waiting for you at the agreed time at the agreed location (arrival gate or bus arrival terminal) and will accompany you to the gate of your onward flight.

2.7. Lounge service

The customer is granted a one-time lounge stay in the agreed lounge for the agreed period (e.g. three hours) on the day selected during the ordering process (service date). Admission to the lounge is granted upon presentation or scanning of the QR code from the booking confirmation at the lounge reception.

The customer is granted the option to postpone the service date to any day within three years of the order date, which may be before or after the agreed service date, by actually using the service (scanning or presenting the QR code at the lounge reception). This means that the customer is free to use the service even if the flight is postponed within three years of the order date. 

The house rules of the Vienna Airport lounges, which form an integral part of the contract, shall apply. Access to the lounge is only possible for departing passengers (including transit passengers). In particular, the safekeeping and protection of items brought into the lounge (e.g. valuables) is not subject of the contract. This also applies in the event that FWAG staff are present in the respective lounge area or this area is covered by video surveillance.

The customer concluding the contract agrees that the service can be provided to the holder of the QR code from the booking confirmation with debt-discharging effect. The holder of the QR code from the booking confirmation is also deemed to be the customer in accordance with Section II.2.7.

2.8. FastTrack Service

The customer is granted one-time access to the FastTrack security check on the day selected during the ordering process (service date). Access is granted by scanning the QR code from the booking confirmation at the QR code reader at the security checkSection.

The customer is granted the option to postpone the service date to any day within one year of the order date, which may be before or after the agreed service date, by actually using the service (scanning the QR code). This means that the customer is free to use the service even if the flight is postponed within one year of the order date.

The customer concluding the contract agrees that the service can be provided to the holder of the QR code from the booking confirmation with discharging effect. The holder of the QR code from the booking confirmation is also deemed to be the customer in accordance with Section II.2.8.

2.9 Online Parking Space Booking

FWAG shall provide the customer with a parking space in the booked parking area for the agreed parking period at the agreed time for intended use in accordance with the parking conditions and house rules . 

Entry to the parking area is made possible by scanning the QR code printed on the booking confirmation at the QR code reader within the booked time (and for reasons of goodwill also an additional two hours before). The customer automatically receives a parking ticket after scanning the QR code at the entrance column. The customer is only authorized to enter once. If the user inadvertently draws a parking ticket when entering without having authorized himself with the QR code, he must leave the parking area immediately and enter again using the QR code (the parking space can be left again within 10 minutes without payment). In the event that the QR code cannot be read, the user must take a parking ticket and report to the Parking Service Section. Exit within the agreed parking time is possible after inserting the parking ticket at the exit column and then removing it again and opening the locker. 

If the user only removes his vehicle from the parking area after the parking period agreed in the booking confirmation has expired, an additional usage fee in the amount of the parking tariff displayed in each case will be due for the time exceeding the booking. This additional usage fee is due for payment before the exit. Payment can be made at the automatic pay station or by authorized cashiers or by credit card at the exit column. The exit must take place within 20 minutes of payment (tolerance time). If the tolerance time is exceeded, payment must also be made for the period from the previous payment, again with a tolerance time of 20 minutes.

The customer concluding the contract agrees that the service can be provided to the holder of the QR code from the booking confirmation with discharging effect. The holder of the QR code from the booking confirmation is also deemed to be the customer in accordance with Section II.2.9.

2.10. Easy Parking

With the Easy Parking service, FWAG provides the following services in addition to the provision of a parking space (see Section II.2.9. and the conditions therein): 

The customer does not enter the parking area himself, but the vehicle, the vehicle keys and the customer's parking ticket are collected at the agreed time at the agreed location (e.g. Easy Parking Container) by a service employee on presentation of the booking confirmation and after handing over a completed pick-up slip signed by the customer (the customer receives a copy of the pick-up slip), the vehicle is taken to the agreed parking area and parked and the vehicle keys are kept until collection. 

If the Easy Parking container is not occupied, the customer can use the self-check-in at the key machine directly next to the container. The customer can enter the booking reference on the digital screen there and must then follow the further instructions. The customer will receive a confirmation email once the car key and parking ticket have been deposited.

Upon presentation of the booking confirmation and a valid official photo ID, the customer will receive the keys to the vehicle and an exit ticket at the Parking Service Section, provided that the customer's identity matches the name on the handover slip. The customer must then collect the vehicle from the parking space specified at the Parking Service Section before the end of the agreed parking period and drive out of the parking area. 

The customer concluding the contract agrees that the service can be provided to the holder of the booking confirmation with discharging effect. The holder of the QR code from the booking confirmation is also deemed to be the customer in accordance with Section II.2.10.

3. Payment and fee

3.1 The fee shall be due for payment upon completion of the order by the customer (see Section II.1.2.) by means of the selected payment method (e.g. by credit card). In the event of non-acceptance of the order by FWAG, any advance payments shall be refunded immediately. Acceptance of payment shall not be deemed acceptance of the order. 

4. Cancellation / Withdrawal 

4.1 Withdrawal from services pursuant to Section II. 2.3 - 2.10. 

4.1.1. The customer is entitled to withdraw from the contract within 14 days without giving reasons if the conclusion of the contract is not part of the operation of his business.

4.1.2. The 14-day withdrawal period pursuant to Section II.4.1.1. shall commence on the day following the conclusion of the contract pursuant to Section II.1.3. In order to comply with the deadline, it shall be sufficient for the customer to send a clear declaration to FWAG before the deadline expires, stating that the customer is withdrawing from the contract. For this purpose, the customer may use the model withdrawal form in accordance with the Austrian Distance and Off-Premises Transactions Act (hereinafter referred to as “FAGG”) shown in Annex 1, although this is not mandatory.

4.1.3. If the customer withdraws from the contract, we will refund all payments immediately and at the latest within fourteen days from the day on which we receive notification of the withdrawal. For this repayment, we will use the same means of payment that was used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment. If the customer has requested that the services should commence during the withdrawal period, the customer shall pay FWAG a reasonable amount corresponding to the proportion of the services already provided up to the time at which the customer notifies us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

4.1.4. Exceptions to the right of withdrawal: The right of withdrawal does not apply to passenger transportation contracts (passenger transport). Furthermore, the right of withdrawal shall not apply to services in the areas of accommodation for purposes other than residential purposes, transportation of goods, rental of motor vehicles, delivery of food and beverages and services provided in connection with leisure activities, provided that a specific date or period is contractually stipulated for the performance of the contract by FWAG. The right of withdrawal shall lapse for services if FWAG has provided the service in full, whereby in those cases in which the consumer is obliged to make a payment under the contract, the right of withdrawal shall only lapse if FWAG has commenced performance of the contract with the prior express consent of the consumer and the consumer has confirmed before commencement of the provision of the service that he has acknowledged that he loses his right of withdrawal upon complete performance of the contract.

4.2. Cancellation of services according to II.2.3.-2.10.

4.2.1 Online parking space booking and Easy Parking: Cancellation of an online parking space booking or Easy Parking as well as one, several or all services otherwise included in the same order in accordance with II.2.3.-2.8. is possible up to 4 hours before the agreed start of the service of the parking space booking to be canceled (entry time) or the Easy Parking to be canceled (time of vehicle handover). 

4.2.2. Porter Service and Premium Service: If an order does not include an online parking space booking and Easy Parking, but does include a Porter Service or a Premium Service, it is possible to cancel the Porter Service or the Premium Service as well as one, several or all services otherwise included in this order in accordance with Section II.2.7.-2.8. up to 4 hours before the agreed start of the Porter Service or the Premium Service to be canceled.

4.2.3. Lounge Service and FastTrack Service: If an order includes a Lounge Service and/or a FastTrack Service and no other service in accordance with Section II. and Section III., it is possible to cancel one, several or all services included in this order until 8 p.m. on the day before the day agreed for the performance of the earliest service to be canceled (service date).

4.2.4. It is not possible to cancel services for which the agreed service start date is before the cancellation date.

4.2.5. In the event of cancellation, the customer will be refunded 100% of the amount originally paid. 

4.2.6. The customer may cancel the booking by using the electronic cancellation function of the booking platform in due time via the hyperlink provided in the booking confirmation. 

4.2.7. The same means of payment used by the customer for the original transaction will be used to refund the payment made by the customer due to a cancellation.

III. Tickets Vienna Airport City Train

The following part of the GTC “Tickets Vienna Airport City Train” applies to the sale of tickets for the use of the Vienna Airport City Train.

1. Conclusion of contract

1.1. The tickets for the use of the Vienna Airport City Train are offered and sold by FWAG in the name and for the account of City Air Terminal Betriebsgesellschaft mbH. Your contractual partner with regard to CAT tickets is therefore CAT.
 

1.2. The provision of the booking option for tickets for the use of the Vienna Airport City Train in the VIE Webshop does not constitute a legally binding offer by FWAG or CAT, but merely a non-binding invitation to the customer to submit an offer to conclude a contract in accordance with these GTC.
 

1.3. By pressing the function button “order with obligation to pay”, the customer submits a binding and irrevocable offer to conclude a contract.
 

1.4. The acceptance of this offer shall be effected by the transmission of a booking confirmation by FWAG. This shall be transmitted electronically immediately after submission of the offer. The contract is thereby effectively concluded.

2. Subject matter of the contract

2.1. The subject of the contract is the purchase of tickets for the use of the City Airport Train.

3. Payment and fee

3.1. The fee is due for payment upon completion of the order by the customer (see Section III.1.2.) by means of the selected payment method (e.g. by credit card). In the event of non-acceptance of the order by FWAG, any advance payments shall be refunded immediately. Acceptance of payment shall not be deemed acceptance of the order.

4. Withdrawal

4.1 There is no statutory right of withdrawal for passenger transportation contracts (see § 1 para. 3 FAGG).

IV. Final provisions

1. place of jurisdiction and applicable law

1.1 The place of performance is Vienna. With the exception of consumer contracts, the exclusive place of jurisdiction shall be the competent court for 1010 Vienna (Innere Stadt), Austria.

1.2 All legal disputes arising from or in connection with the GTC and contracts concluded on the basis thereof shall be governed exclusively by Austrian law, to the exclusion of all conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods and the Rome I Regulation. This applies to consumer contracts only to the extent that the consumer is not deprived of the protection afforded by the mandatory provisions of the law of the country in which he has his habitual residence.

2. written form

2.1. Verbal collateral agreements do not exist. All ancillary agreements must be made in writing.

3. severability clause

3.1. If individual clauses of the GTC and contracts concluded on the basis thereof are invalid, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective provision shall be replaced by a provision whose economic success comes as close as possible to the ineffective provision and the intention of the parties; the same shall apply in the event of a loophole.

4. Liability and default

4.1. The customer shall notify FWAG or CAT of all claims arising from breaches of duty by FWAG or CAT without delay, at the latest within two weeks of the start of the statutory limitation period, stating the reasons. If the customer fails to notify FWAG or CAT immediately, the customer can no longer assert its claims. All claims of the customer shall lapse within six months. In the event of gross negligence, the liability of FWAG and CAT shall be limited to EUR 10,000 per claim. The application of § 1298 ABGB (Austrian Civil Code), avoidance on account of mistake and warranty claims are excluded.

4.2. Section II.4.1. shall not apply (i) with regard to liability for personal injury and (ii) to consumer contracts, i.e. if the conclusion of the contract is not part of the customer's business.

4.3. FWAG and CAT shall not be liable for slight negligence and indirect damage or for delays in performance and deficiencies in performance due to force majeure, such as natural events of particular intensity, war, riots, strikes, terrorism, unforeseen official requirements and other circumstances that have led to a delay in performance or deficiency in performance through no fault of FWAG or CAT.

4.4. In the event of default in payment by the user, interest on arrears shall be charged at 12% p.a. plus associated costs as defined in Section 1333 (2) ABGB. § Section 1333 (2) ABGB (in particular reminder, information and legal fees). For consumer contracts, the default interest is 9% p.a.

5. Data protection

5.1. FWAG and CAT attach great importance to data protection. All processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Further information on the processing of your personal data can be found at 

https://www.viennaairport.com/datenschutz 

or https://www.cityairporttrain.com/de/rechtliches

V. Appendix 1

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract) 

— To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]: 

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), 

— Ordered on (*)/received on (*), 

— Name of consumer(s),

 — Address of consumer(s),

 — Signature of consumer(s) (only if this form is notified on paper), 

— Date 

(*) Delete as appropriate.