These are the general terms and conditions (hereinafter referred to as “Terms and Conditions”) of Flughafen Parken GmbH, FN 456972v, Zeppelinstrasse 2401, Fischamend (hereinafter referred to as “Company”). The company appears on the market under the business name “Panda Parken” and operates a licensed rental car business at 2401 Fischamend-Dorf, Zeppelinstrasse 4. These General Terms and Conditions apply to the company's business activities, which primarily include the storage of motor vehicles (hereinafter referred to as "motor vehicles") and the transport of people in passenger vehicles. These General Terms and Conditions are expressly deemed to have been agreed as soon as the company and its customers have concluded the storage and transport contract in accordance with point 5 of these General Terms and Conditions. Customers' general terms and conditions are expressly and without exception not part of the contract. The company operates an internet platform on which it provides general information on the storage of vehicles and customer transport to and from Vienna-Schwechat Airport. This information includes, in particular, information about the company, its services, prices, payment methods, customer reviews and general information. This information only serves to inform potential customers and does not constitute an offer to conclude a contract or a declaration of intent in this regard. Visitors to the platform can reserve these services directly on the platform at the prices and conditions listed. For this purpose, you enter your personal data, select the desired services under the conditions listed, accept the general terms and conditions in the event of concluding a contract in accordance with point 5 and complete the reservation with the “Complete reservation” button. The reservation is non-binding and can be canceled free of charge up to 24 hours before the customer arrives at the parking lot (point 5) and then against payment of the flat-rate expense allowance listed on the platform. Cancellation can be made on the respective platform or by email ( or telephone (+43 (0)660 661 9122). Such a reservation does not constitute an offer to conclude a contract, nor a declaration of intent in this regard. The company sends the customer a reservation confirmation by email, including the accepted general terms and conditions, which outline the terms and conditions agreed and valid in the event of a contract being concluded in accordance with point 5 and expressly record it. When the customer appears at the company's parking lot in 2401 Fischamend-Dorf, Zeppelinstraße 4 (hereinafter referred to as "parking lot"), he or she proves his or her identity by presenting a legally recognized identification document (e.g. passport, ID card or driver's license) and hands it over to the company's employee vehicle and the vehicle key and receives a confirmation of acceptance from them. A storage and transport contract is hereby concluded between the Company and the Customer in accordance with the provisions of these General Terms and Conditions and the conditions set out in the reservation confirmation. The terms and conditions are also posted in a clearly legible place at the entrance/exit or entrance/exit of the parking lot. The vehicle is parked in the parking lot by the company's employees and the customer is not entitled to a specific parking space. The customer pays the agreed fee for storage and transport (points 7 and 8) after returning to the parking lot in cash or by debit or credit card. Payment can be made with the following debit or credit cards: Visa, Mastercard, Maestro, Diner Club, V Pay. Despite having made a reservation, the customer has no legal right to conclude the storage and transport contract, which is why the company can refuse to accept the vehicle and conclude the storage and transport contract if there are important reasons. Such important reasons exist in particular if the vehicle to be kept does not comply with the provisions of point 11 (e.g. no current badge) or if the customer behaves towards company employees or other customers which makes entering into a contractual relationship with them unreasonable. The company employee transports the customer and the accompanying persons specified in the reservation from the parking lot to the departure terminal of Vienna-Schwechat Airport. Transport will take place as quickly as possible after conclusion of the storage and transport contract. Vehicles of the company's choice are used. The customer has no right to use specific vehicle types. The customer is obliged to inform the company of any changes to his arrival time and flight number at least 24 hours before landing at Vienna-Schwechat Airport. This must be done to the email address or telephone number listed in point 4. If the customer fails to provide this notification, he or she must pay the company an expense allowance stated on the platform for the additional effort this causes. After landing at Vienna-Schwechat Airport, the customer and the accompanying persons listed in the reservation will be met in front of the arrival terminal by a company employee and transported to the parking lot. There the stored vehicle, including the vehicle key, is handed over to the customer and the customer confirms that the vehicle has been properly returned in a takeover confirmation. The customer is obliged to inspect the vehicle for any damage that was not present when the vehicle was handed over to the company. If such “new” damage occurs, it must be noted in the acceptance confirmation and confirmed by the company’s employee and the customer. If the customer signs this acceptance confirmation without such a note, he hereby expressly confirms that the vehicle did not show any “new” damage when it was returned to him. The company is obliged to take care of the vehicle and to protect it from any damage during storage. It does not acquire any right of ownership, right of possession and/or right of use to the vehicle in custody. The company is only the owner of the vehicle and is obliged to return it to the customer at the end of the contract in the same condition in which it was taken over. Passing on or making available to third parties is strictly prohibited. The storage contract expressly does not include items that are located inside the vehicle, unless the customer has pointed out these items and their value before concluding the contract and these have been declared in writing and by mutual agreement to be the subject of the contract. All other items left in the vehicle are at the customer’s risk. The company is obliged to adequately insure the parking lot, the vehicles stored there and the separately locked vehicle keys (point 13) and to confirm the insurance coverage to the customer upon his request. The customer is obliged to only hand over for safekeeping those vehicles that are fully functional, have a current license plate and have received the service provided by the vehicle manufacturer. The customer is liable to the company for grossly negligent damage caused by the violation of the aforementioned provisions or by, for example, leaking oil and/or coolant or other environmentally harmful emissions. The customer is liable for ensuring that his vehicle complies with all legal regulations and standards. If contamination occurs or there is a risk of contamination from a customer's vehicle, the company is entitled to remove the vehicle from the parking lot at the customer's expense and store it in a suitable location. The contract in question is concluded for a specific period, which is why it ends due to the expiration of time, mutual dissolution, extraordinary termination or early reclaiming of the vehicle by the customer. If there is an important reason in the sphere of one contracting party that makes it unreasonable for the other contracting party to continue the contractual relationship, this other contracting party is entitled to terminate the contractual relationship in writing with immediate effect. Such an important reason exists, for example, if the company grossly violates its duty of care with regard to the vehicle (customer's right of termination) or the customer's vehicle endangers the environment through emissions (company's right of termination). The customer is entitled at any time to withdraw the vehicle stored by the company early to demand back. In this case, the custody contract will be terminated prematurely, but the customer must pay the custody fee originally agreed for the entire storage period in full. If, in exceptional cases, the contract is concluded for an indefinite period, it can be terminated in writing by both contracting parties at any time without giving reasons. The company expressly states that the entire parking lot is fenced, security cameras are installed there and the entrance/exit or entrance/exit of the parking lot is secured by barriers. The car keys taken over by the company are kept in a locked room. The entire parking lot is manned 24 hours a day by company employees. The customer expressly acknowledges the aforementioned security measures, agrees to them and confirms their appropriateness. Furthermore, the customer expressly acknowledges that his vehicle is parked in the open-air parking lot and is therefore exposed to the effects of the weather. The company is liable to the customer for damage to the vehicle caused by gross negligence and resulting from failure to take due care. Liability for slight negligence is excluded. The company is also only liable for damage caused by third parties in the event of its own gross negligence. However, the company is not liable for accidental damage or impairment of the vehicle, including force majeure. The customer is liable to the company for damage caused by gross negligence, although liability for minor negligence is excluded. Furthermore, the customer must reimburse the company for the costs that the company incurred to maintain the stored vehicle to a reasonable extent. The customer is also obliged to proactively inform the company about dangerous characteristics of the vehicle. The company has a right of retention on the vehicle with regard to its claims against the customer. If the customer does not pay the agreed fee when returning the vehicle, the company is entitled to retain the vehicle until the fee, the hereby agreed default interest of 4% per year and the payment of the storage fee due until full payment has been paid. Both contracting parties are obliged to assert their claims against the other contracting party in writing within 30 days of returning the vehicle at the latest. For any “new damage” to the vehicle described in point 8, the regulation there applies, according to which such damage must be recorded in the acceptance confirmation. The legal enforcement of “new” damages recorded in the acceptance confirmation as well as claims asserted within this 30-day period is possible within the statute of limitations of three years. If the conclusion of the storage and transport contract is not part of the operation of the customer's company, this is a consumer within the meaning of the Consumer Protection Act (hereinafter referred to as “KSchG”). Such a customer is entitled to withdraw from the contract in accordance with Sections 3 and 3a KSchG. It is expressly stated that the customer initiated the business relationship on his own initiative for the purpose of concluding a contract with the company, which is why the customer does not have the right of withdrawal in accordance with Section 3 KSchG. Regardless of this, such a customer may withdraw from the contract if, without his cause, circumstances relevant to his consent, which the company presented as likely in the course of the contract negotiations, do not occur or only occur to a significantly lesser extent. The customer can declare this withdrawal within one week from the point at which it became apparent to him that the aforementioned circumstances do not occur or only to a significantly lesser extent and he has received the withdrawal instructions contained in these General Terms and Conditions. If the customer withdraws from the contract, he must return all services received and pay the company an appropriate fee for the use, including compensation for any associated reduction in the fair value of the service. If restitution is impossible or impractical, the customer must pay the value of the service to the extent that it was of clear and predominant benefit to him. In the present case, the customer must pay the agreed storage fee incurred up to the time of withdrawal from the contract. According to § 5a KSchG, the company is obliged to provide the customer with certain information before concluding the contract or before he is bound by a contractual declaration. With the content of these General Terms and Conditions and their transmission to the customer together with the reservation confirmation (point 4), the company complies with this information obligation. Both contracting parties agree that the custody and transport contract is not subject to the Long Distance and Away Transactions Act. By concluding the custody and transport contract, the customer expressly agrees that the company is entitled and obliged in accordance with the EU General Data Protection Regulation and the Austrian Data Protection Act to process the customer's personal data (e.g. name, date of birth, address, telephone, email address). Email and bank details) to collect, record, organize and store, adapt and change if necessary, query and, to the extent necessary, transmit or make available to third parties. These third parties are in particular authorities, courts, tax offices, banks, tax advisors and lawyers. The customer further agrees that video cameras are set up in the parking lot and that all events in the parking lot - including the customer's actions - are recorded. The customer further agrees that the company uses various cookies on its platform and website, such as Google Analytics, Google AdWords, Addthis, Google Maps and various social plugins offered on social media. The purpose of data processing is to comply with legal requirements to take data protection into account. The customer expressly agrees that the personal data will be retained in accordance with the applicable legal provisions and then deleted. The customer acknowledges that he is entitled to revoke the express consent to data processing given here at any time. In addition, the customer is entitled to obtain information about data processing and to request correction, deletion and/or restriction of data processing as well as data portability or to lodge an objection to data processing. If you have any data protection questions, the company or its managing director, Mr. Rene Weingerl, is available at any time. There are no oral or written additional agreements to this contract. Any changes, additions or modifications must be made in writing. If individual provisions of this storage and transport contract are or become void or invalid, this will not affect the remaining provisions of the contract. The contracting parties will replace the void or ineffective provision with one that comes as close as possible to the economic purpose of the void or invalid provision. The present custody and transport contract is subject to Austrian law. For any legal disputes arising from or in connection with this contract, the jurisdiction of the court that results from the statutory provisions is deemed to be agreed. Version: August 2018