Terms & Conditions for Use of the Online Retail Platform
1. General Provisions
1.1 The Online Retail Platform (“Frankfurt Airport Online Shopping“) is operated by
Frankfurt Airport Services Worldwide
60547 Frankfurt am Main
Registered at the Frankfurt am Main District Court under HRB 7042
VAT ID no.: DE 114150623
Phone: +49 69 690-0
(hereinafter referred to as “Fraport”).
1.2 These Terms & Conditions of Use apply to all interactions between Fraport and users of the Online Retail Platform.
1.3 Special terms and conditions of business, which can also be viewed on the website of the Online Retail Platform, additionally apply to the use of other services (e.g. the Rewards Program) and the contracts with the individual providers on the Online Retail Platform.
1.4 Only individual agreements take precedence over these Terms & Conditions of Use. To facilitate verification, such agreements must be in writing.
1.5 Terms and conditions of business that deviate from, contradict, or supplement these Terms & Conditions of Use shall not become part of the contract unless Fraport explicitly agrees to them in writing.
1.6 The relevant statutory requirements shall apply unless they are directly changed or explicitly excluded by these Terms & Conditions of Use.
1.7 Fraport reserves the right to adjust these Terms & Conditions of Use and if relevant also these supplementary provisions to account for any future business, legal, or technical developments. The currently valid Terms & Conditions of Use that can be viewed on the Airport Website when registering or purchasing products shall apply.
1.8 Changes that confer advantages on users or are neutral in this regard shall have immediate effect. All other changes shall be communicated to the user in writing at least two months prior to their entry into effect. The user shall be deemed to have consented to changes unless he/she objects to them in writing to Fraport within one month; the date on which such an objection is sent shall apply. When changes are announced, Fraport shall notify the user of his/her right to object and the consequences of not exercising it. If the user objects to the changes, Fraport shall terminate the utilization contract pursuant to number 11.2 of these Terms & Conditions of Use.
1.9 If changes concern the object of the contract, Fraport may implement them only if they are reasonable for the user while taking Fraport’s interests into account. In particular, changes shall be deemed reasonable for the user if they remain within the bounds of what is usual practice on the Internet and do not discriminate against the user in violation of the principles of good faith.
2. Subject of the Contract and Scope of Services
2.1 Fraport provides an Online Retail Platform for commerce between sellers and users. Providers who also operate a physical shop at Frankfurt Airport (“sellers”) offer their products on the Online Retail Platform. On behalf of these providers, Fraport handles the ordering process and, after the Online Retail Platform is extended in the spring of 2016, the payment process as well.
2.2 Fraport does not become the contractual partner of customers. Nor is Frankfurt responsible for the services of the providers. Customers must direct all complaints about the providers’ services exclusively to them.
2.3 Use of the Online Retail Platform is free of charge for users. Only natural persons with unlimited legal capacity may purchase products. Users may order the offered products either as guests or as registered customers.
2.4 Fraport plans to operate the Online Retail Platform on a long-term basis. However, the user has no legal claim to future use of it. If Fraport should decide to cease operating the Online Retail Platform, Fraport shall notify the user of this intention in advance
2.5 Fraport reserves the right to change, extend, or reduce the content, structure, and design of the Online Retail Platform within the scope of what is usual practice on the Internet
2.6 Fraport is entitled to temporarily limit the usability of the Online Retail Platform, individual functions thereof, or access to it if there are legal or technical reasons for doing so. In particular, these technical reasons can be, but are not limited to, maintenance work, updating of underlying software, or measures to ensure the security or integrity of the Online Retail Platform.
3. Registration and Opening of a User Account
3.2 The user can check his/her entries at any time during the registration process and correct any mistakes right in the corresponding fields.
3.3 After registration has been completed, Fraport opens an account for the user. This gives rise to a contract between the user and Fraport. It is not necessary to explicitly inform the user of this fact.
3.4 After opening the account, Fraport does not store the text of the contract in a form that the user can access.
3.5 If the personal data provided by the user while registering should change, he/she shall inform Fraport of the new data or enter the changes in the account profile without delay.
3.6 The user shall safeguard his/her user name and password to prevent unauthorized access and use by third parties. If there is evidence of illegitimate use of the data by third parties, the user shall notify Fraport immediately. In such a case, Fraport is entitled to block access by the user. Fraport will never phone or e-mail the user asking him/her to divulge his/her password.
3.7 The user is liable for all actions performed via his/her account. Cases of abuse are exempted if the user cannot be held responsible for them.
3.8 The user undertakes to register for and keep only one account with Fraport at the same time. The account is not transferable.
4. Ordering of Products
4.1 The sellers’ offers constitute appeals to users to order products without any obligation for them to do so.
4.2 To order, the user selects products on the Online Retail Platform by clicking the “Add to cart” button to place them in the shopping cart, then going to the shopping cart and clicking the “Proceed to checkout” button.
4.3 Then the user must indicate whether he/she wishes to make the purchase as a registered customer or as a guest. Before making this choice, he/she can only reserve the selected products to be picked up at the airport (“Pickup in the shop”). After the Online Retail Platform is extended (not before the spring of 2016), the following will apply:
· If the user neither has a customer account nor wishes to create one, he/she selects the option “Shop as a guest”. He/she can then only reserve products for pickup at the airport.
· Immediately after the user has logged in, his/her flight data are requested. To avoid this, he/she must first log in with his/her customer data.
The flight check requires the user to enter his/her flight data. These are used to determine and display the available delivery options. After choosing an option, the user must decide whether to reserve or immediately purchase the selected products. In the latter case, he/she must click the button “Purchase now” to make a binding offer to acquire the products in the shopping cart and acknowledge both these Terms & Conditions of Use and the seller’s terms and conditions of business.
4.4 Before submitting this offer, the user can check and change the entered data, the mode of payment, and the selected products or abort the purchase by clicking the corresponding buttons (“Change”, “Delete”) or using the “Back” button in his/her Internet browser. The user is also asked to carefully double check his/her entries before submitting the purchase order.
4.5 After the purchase order is submitted, Fraport automatically sends the user e-mail confirmation on behalf of the seller. This is only to inform the user and does not signify acceptance of his/her offer.
4.6 A contract between the seller and the user does not arise until Fraport confirms acceptance by e-mail and either dispatch of the ordered products is confirmed or the products are picked up. No contract is concluded between Fraport and the user. The acceptance e-mail once again lists the user’s entire purchase order, these Terms & Conditions of Use, and the seller’s terms and conditions of business.
4.7 Purchase orders are limited in size to normal quantities for household use.
4.8 The product illustrations are only approximations and may exhibit colors etc. that deviate from the actual products.
5. Pickup of Products
The user is initially only entitled to pick the ordered merchandise up in the shop (“Pickup in the shop”).
6. Prices and Payment
6.1 All indicated prices include the statutory value-added tax, which is currently 19%. They are given in euros (€).
6.2 The customer must pay for ordered products when picking them up from the seller’s shop at the airport using one or more of the modes of payment offered by the seller.
6.3 The customer may call up, view, and print out his/her invoices in his/her customer account. Users who use the Online Retail Platform as guests to reserve products for pickup receive their invoices when picking them up in the shops.
7. Conduct on the Online Retail Platform
7.1 The Online Retail Platform and the underlying database may only be used as intended by Fraport. In particular, the information involved may only be accessed using an Internet browser.
7.2 It is prohibited
a. to evade or disable functions (e.g. search windows) of the website or to otherwise interfere with Fraport’s website and in particular to take any action that could overload the infrastructure of Fraport’s website,
b. to block, overwrite, or modify content generated by Fraport, or
c. to use automated functions (e.g. algorithms or machines) to acquire products.
7.3 It is also prohibited
a. to act fraudulently or deceitfully,
b. to distribute, initiate, or advertise spam, chain letters, or pyramid systems,
c. to collect or in any way obtain and store information of or about other users, and in particular e-mail addresses, without their permission, or
d. to send or make accessible viruses or other harmful software that could impair or damage Fraport’s websites or the computer systems of other users.
8. Consequences of Violations (Constraints / Lockout / Deletion)
If there is concrete evidence of violations of these Terms & Conditions of Use, laws or other legal provisions, or the rights of third parties, Fraport reserves the right
- to warn the user,
- to temporarily limit or block the user’s access to the Online Retail Platform, and/or
- to definitively block the user’s access and delete his/her account if there are important grounds to do so.
9. Intellectual Property
The content (texts, images, graphics, etc.) and information on the website are the intellectual property of Fraport or the providers. It is prohibited to reproduce, disseminate, otherwise publicize, or process them without the consent of the party that owns the rights. It is only permissible to use this content after obtaining the written consent of Fraport or the provider concerned.
10. Limitation of Liability
10.1 Fraport accepts no liability for the attributes, safety, or legality of products advertised by the providers.
10.2 In cases of intent or gross negligence—irrespective of the legal grounds—Fraport shall be liable for damages.
10.3 In cases of simple negligence, Fraport shall be liable only if a substantive contractual obligation is violated, with this liability being limited to providing compensation for damages that are reasonably foreseeable at the time of concluding the contract. A substantive contractual obligation is one that is essential for achieving the intended purpose of concluding the contract and whose fulfillment may typically be expected.
10.4 The limitation on liability stated in number 10.3 does not apply to damages arising from loss of life, injury, or harm to health. Nor does it apply to malicious suppression of information or to cases in which Fraport has provided a guarantee as an exception, or when claims are based on the German Product Liability Law.
10.5 To the extent that Fraport’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.
11. Termination of the Utilization Contract
11.1 The user may terminate his/her utilization contract at any time with immediate effect without specifying any reasons.
11.2 Fraport may terminate the utilization contract at any time without specifying any reasons by providing one month’s notice to the end of a month.
11.3 The right of both sides to terminate the contract for good cause remains unaffected.
11.4 After the termination has taken effect, the customer may only view information on unfulfilled orders and unpaid invoices. He/she may not initiate any new transactions. The customer account is deleted as soon as all of the customer’s transactions have been completed. Afterward the user may no longer view any of the purchases he/she has made.
11.5 Notices of termination must be in writing to be effective.
12. Contractual Language and Applicable Law
12.1 The German-language version of this contract is legally binding.
12.2 These Terms & Conditions of Use and all legal relationships between Fraport and the user are exclusively subject to the laws of the Federal Republic of Germany, excluding all provisions of international and multinational contract law, and especially those of the United Nations Convention on Contracts for the International Sale of Goods.
If the user is a consumer in the sense of section 13 of the German Civil Code, the laws of the country in which he/she normally resides shall apply if, and to the extent that, the choice of German law would cause him/her to lose protections that he/she would otherwise be entitled to under the laws of his/her country of residence.
12.3 Currently Fraport is not participating at any procedure for Alternative Dispute Resolution and Online Dispute Resolution, available under http://ec.europa.eu/consumers/odr.