General Terms and Conditions of Business

for services provided by

Airportparking (Switzerland) AG

The Circle 6

8058 Zurich

(«Airportparking»)

1. Services of Airportparking
   • Airportparking offers parking services at Zurich and Geneva airports with a complementary range of services.
   • The services provided by Airportparking include renting a parking space for the customer's vehicle, as well as transfer between the drop-off and pick-up locations defined in the order confirmation ('Drop-off location' and 'Pick-up location') for the duration specified in the order confirmation ('Contract duration') and the parking space provided to the customer for this period ('Services'). In individual cases, the parties may agree on additional services.
2. Scope
   • These general terms and conditions ("GTC") apply to all contracts for services provided by Airportparking
   • The customer's general terms and conditions are excluded in all cases.
3. Contract Conclusion
   • The contract with the customer is concluded when Airportparking accepts the customer's order. To this end, the customer either receives an email from Airportparking or, after completing the order, a confirmation appears in the browser window with the order details ('Order Confirmation'). Acceptance is generally given within 24 hours after receipt of the order. The order confirmation includes, among other things, the binding drop-off time for the vehicle ('Drop-off time') and the pick-up time, which corresponds to the landing time of the return flight plus 90 minutes ('Pick-up time') for the return of the vehicle.
   • Airportparking reserves the right to reject an order at any time without giving reasons. In such cases, the customer has no claims against Airportparking.
4. Ordering
   • Orders are placed on Airportparking's customer portal (airportparking.ch) ("Customer Portal"). In exceptional cases, Airportparking can accept orders via telephone or email, which must be confirmed by Airportparking via email for validity. For verbal orders placed on-site, Airportparking must issue a receipt for validity.
   • In the order, the customer must specify the desired drop-off and landing times as well as the flight number of the return flight.
   • In case of discrepancies between the order and the order confirmation, the details in the order confirmation shall take precedence.
   • The customer should normally place the order for themself. If the services are to be utilised by a third party, this must be indicated in the order along with the third party's details (name, address, telephone number, email address).
   • The customer must provide a billing address when placing the order.
5. Customer Obligations
   • The customer warrants that the vehicle handed over to Airportparking is either owned by them or they have the right to use it for the duration of the contract (e.g., due to a leasing, rental or usage agreement).
   • The customer must adhere to the drop-off and pick-up times (see section 3.1). If delays of more than 90 minutes are not reported in a timely manner (see section 2), Airportparking may charge a handling fee of CHF 50.00. If the customer does not hand over their vehicle within three hours of the drop-off time, Airportparking has the right to allocate the parking space to another customer. In this case, there is no entitlement to use the booked service or to a refund of the paid fee.
   • When handing over the vehicle, the customer must inform Airportparking about the condition, any existing damages, and other safety, operational or vehicle integrity-related functions or features of the vehicle.
   • The customer ensures that the vehicle handed over to Airportparking complies with legal regulations (such as operational safety, insurance requirements, etc.) and that the insurance (liability, comprehensive insurance, etc.) allows the vehicle to be driven by third parties, covering any potential damages caused by these third parties. The customer undertakes to indemnify Airportparking against any claims by third parties arising from or in connection with the order.
   • The customer agrees to hand over the vehicle keys and the parking ticket (only in Geneva) punctually at the designated drop-off point. If the customer fails to comply with this obligation, a fee of CHF 200.00 will be charged. In such a case, Airportparking is also entitled to have the vehicle towed at the customer's expense.
   • Should the customer's vehicle fail to start due to a technical defect, it is the customer's responsibility to arrange for repairs. If this results in the vehicle remaining in the parking space for a longer period, the fee owed increases according to clause 3.
   • The customer is required to inform Airportparking in advance about cancellations, rebookings, changes to flight numbers, and major delays (from 90 minutes onwards).
   • The customer is obliged to check the vehicle for any damages when retrieving it and to report any damages to Airportparking immediately after inspection via email, including photos of the damage, to kundendienst@airportparking.ch (for use of the parking service in Zurich) or to geneva@airportparking.ch (for use of the parking service in Geneva). If the customer does not comply with these requirements, it is assumed that the damages already existed at the time of vehicle handover to Airportparking, and Airportparking is not liable for them.

6. Provision of Services by Airportparking
   • The specific services to be provided by Airportparking in each case, unless otherwise agreed with the customer, are as stated in the order confirmation and these Terms and Conditions.
   • Airportparking commits to performing the services with the necessary care.
   • After the vehicle is handed over to an Airportparking employee, a protocol is created on the same day at the drop-off point, where any obvious defects in the vehicle are recorded. The customer acknowledges the accuracy of this protocol.
   • The opening hours are published on the Airportparking website. Airportparking does not guarantee that an employee will be on site during all opening hours. If no staff member is present on-site, the self-check-in or self-check-out procedure will apply. During self-check-in, the customer drops the vehicle keys into the designated and marked key drop-off box at the drop-off location (see item 1.2) after parking their vehicle at the drop-off point. The self-check-in option is available to the customer only after a prior booking accepted via the Airportparking online portal (see item 3.1). During self-check-out, Airportparking will place the vehicle keys in the designated key pick-up box at the pick-up point (same as the drop-off point) and will inform the customer in good time via SMS about the pick-up procedure.
   • Airportparking provides the customer with an unmonitored parking space that is not protected from weather conditions. Surveillance and safekeeping are not part of the contract. The customer has the option to book a covered parking space as an additional service. There is no entitlement to a specific parking space. In particular, Airportparking reserves the right to park the vehicle in a covered space despite the customer booking an uncovered parking space (so-called upgrading). In such cases, the additional service will not be charged to the customer. During the parking period, Airportparking may move the customer's vehicle to another parking space. Airportparking also reserves the right, for logistical reasons, to temporarily store the vehicle in an uncovered space for a maximum of six hours, even if a covered space has been booked. There will be no transfer of the vehicle or the customer between Zurich and Geneva or vice versa.
   • The customer authorises Airportparking to drive their vehicle for a distance of up to 30km during the contract period.
   • If the customer's vehicle requires a jump-start due to a flat battery, Airportparking is entitled to either perform the jump-start itself or to appoint a third party to do so at the customer's expense.
   • Airportparking is entitled to engage suitable subcontractors for the provision of services.

7. Special Provisions for Additional Services
   • If the customer books additional services, the following supplementary provisions shall apply. There is no entitlement to the booking of additional services.
   • The content of additional services is detailed on the Airportparking website.
   • Airportparking reserves the right not to perform, or only partially perform, booked additional services due to time constraints, the condition, size, or unknown technical characteristics of the customer's vehicle. In such cases, the customer will be refunded the payment for the non-performed additional services (proportionally).
   • If vehicles cleaned by Airportparking become dirty again during the transfer back to the airport due to weather conditions or road conditions, the customer is not entitled to a refund or a repeat of the service.
   • If a booked cleaning service includes vacuuming the entire interior as described on the Airportparking website, any loose items inside the vehicle will be temporarily removed and then re-placed to ensure the best cleaning results. Additionally, rubbish found inside the vehicle (clearly identifiable as such) will be disposed of as part of the aforementioned cleaning service. To avoid misunderstandings, Airportparking advises customers to remove personal items from the vehicle or to store them properly before handing over the vehicle, so they are not mistakenly identified as rubbish by the cleaning staff and disposed of. Airportparking does not accept liability for items mistakenly disposed of.
8. Prices
   • The current prices of Airportparking at the time of booking shall apply.
   • Prices include Swiss VAT.
   • If the customer exceeds the booked parking duration, regardless of the reason (e.g. flight delay, vehicle defect), an additional payment is required according to the applicable rates. Each commenced day (i.e. from 00:01) will be charged as a full day.
   • The fee agreed upon with the order confirmation is owed in any case. Failure to use the service or early collection of the customer's vehicle does not entitle to any reduction or refund of the fee. The exception to this is cancellations in accordance with clause 1 of the T&Cs.
9. Payment
   • Payments are generally due at the time of order completion (online payment) or at the latest upon delivery of the vehicle to Airportparking, without any deductions (due date). Payments may not be withheld or reduced due to defects in Airportparking's services or delays in service provision. Offsetting with claims of the customer against Airportparking is in any case excluded.
   • Additional fees or the additional charge due for a contract extension are payable at the latest upon the return of the vehicle to the customer.
   • The customer irrevocably authorises Airportparking and their authorised collection agents, upon conclusion of the contract, to debit all fees, charges, costs, etc., and all other claims related to the contract, including any default interest and compensation claims, from the payment method provided by the customer at the time of ordering or subsequently provided.
   • If the customer does not meet the agreed payment deadlines, they shall pay interest of 5% on the outstanding invoice amount from the due date without any reminder. The right to claim further damages remains reserved.
10. Order modification (cancellation, rebooking, change of booked services)
    • A cancellation of the booked service is possible and free of charge at any time up to 24 hours before the agreed start of the parking period (i.e. before the planned delivery of the vehicle to Airportparking). Cancellations must be made in writing (via email) or through the designated booking amendment function on the Airportparking website. The effective time for the cancellation is when it is received by Airportparking.
    • Changes to bookings (earlier or later departure or return) must be made in writing (via email) or through the designated booking amendment function on the Airportparking website at least 12 hours before the agreed drop-off or pick-up time. If changes are not made or are made late, delays are to be expected for which Airportparking accepts no responsibility.
    • A fee of CHF 50.00 will be charged for changes to the contract duration that are not communicated or communicated late. In the case of an extension of the contract duration, the additional tariff according to section. 3 AGB will be charged. Shortening the contract duration does not entitle the customer to a refund of the paid fee.
    • A fee of CHF 50.00 is payable if the customer is unable to commence the planned journey and their vehicle has already been moved from the drop-off location by Airportparking. The fee paid by the customer for the unused service will be refunded, provided the customer informs Airportparking immediately after becoming aware of the circumstances preventing their trip and collects their vehicle.
11. Warranty and Liability Limitations
    • Customer claims for poor service or delays by Airportparking are excluded unless otherwise specified in these terms and conditions. In particular, Airportparking is not liable for costs and expenses incurred due to missed flights or delays.
    • The liability of Airportparking is excluded to the extent permitted by law and unless otherwise specified below. Liability for auxiliary persons is excluded.
    • In particular, Airportparking excludes liability for damage to the customer's vehicle (e.g. due to weather conditions such as hail, snow, sunshine, third parties, necessary jump-starts due to flat battery, or stationary damage) or for theft of the vehicle and/or items from the vehicle under any circumstances. If the Self-Check-in/Self-Check-out option is utilised, Airportparking is not responsible for any potential damage to or theft of the vehicle or vehicle accessories (e.g. keys).
    • In the event of key loss by Airportparking, the customer's journey home will be ensured, a spare key will be collected from the customer within a reasonable time, and the vehicle will be transported to the customer. The costs according to the vehicle manufacturer's invoice for obtaining a replacement key will be covered by Airportparking. Under no circumstances will the replacement of locks and further compensation claims from the customer be covered.
    • Airportparking is only liable for damage to the vehicle caused intentionally or through gross negligence by employees. However, Airportparking is not liable for such damages if the customer has not fulfilled their obligations according to clause 8. In the event of damage to the vehicle demonstrably caused by Airportparking employees and adherence to the examination and reporting obligations specified in clause 5.8, the customer will be paid the amount determined by Airportparking's insurance. Alternatively, Airportparking reserves the right to have damages to the vehicle, caused intentionally or through gross negligence by employees, repaired by a specialised third-party provider selected by Airportparking, at Airportparking's expense. The customer does not have the option to have the vehicle repaired by a third-party provider of their choice at Airportparking's expense. In any case, further claims for damages are excluded (e.g. due to costs for a replacement vehicle, bonus loss, expenses, etc.).
    • When subcontractors are engaged, Airportparking is only liable for their careful selection, instruction, and supervision. Any further liability is excluded.
12. Data Processing
    • The data protection declaration that follows these General Terms and Conditions applies to the processing of customer data by Airportparking.
13. General Provisions
    • Airportparking can change these General Terms and Conditions at any time and without notice. The current version applies. This is available on the Airportparking website.
    • If any provision of these General Terms and Conditions is invalid in whole or in part, the validity of the remaining provisions shall not be affected.
    • Changes and additions to contracts with customers are only valid if made in writing.
    • The exclusive place of jurisdiction for all disputes is the location of Airportparking's registered office. Airportparking reserves the right to sue at the customer's (residential) location. Mandatory places of jurisdiction remain reserved.
    • Contracts with Airportparking are exclusively subject to Swiss law, to the exclusion of international agreements such as the United Nations Convention on Contracts for the International Sale of Goods (CISG; Vienna Sales Convention).