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General Terms and Conditions of Business

General Terms and Conditions

for services of the

Airportparking (Schweiz) AG

The Circle 6

8058 Zürich, Switzerland

(‘Airportparking’)

  1. Airportparking offering
    1. Airportparking is a provider of parking services at Zurich and Geneva airports with a complementary range of services.
    2. Airportparking services comprise parking space rental for the Customer’s vehicle[1] and transfer between the drop-off location defined in accordance with the order confirmation (‘drop-off location’) and the parking space made available to the Customer for the duration defined in accordance with the order confirmation (‘contractual term’) (‘services’). The Parties may agree on additional services on a case-by-case basis.
  2. Scope
    1. These General Terms and Conditions (‘GTC’) apply to all contracts for Airportparking services.
    2. General terms and conditions of the Customer are excluded in any case.
  3. Conclusion of contract
    1. The contract with the Customer is concluded upon Airportparking’s acceptance of the Customer’s order. The Customer will either receive an e-mail from Airportparking or, after completing the order, a confirmation will appear in the browser window containing details of the order (‘order confirmation’). Acceptance is usually within 24 hours of receiving the order. Among other things, the order confirmation contains the binding drop-off time for the vehicle (‘drop-off time’) and the pick-up time, which is the landing time of the return flight plus 90 minutes (‘pick-up time’) for the return of the vehicle.
    2. Airportparking is free to refuse an order at any time without giving reasons. In this case, the Customer has no claims against Airportparking.
  4. Order
    1. Orders are placed on the Airportparking customer portal (airportparking.ch) (‘customer portal’). Exceptionally, Airportparking may accept orders by telephone or e-mail, which must be confirmed by Airportparking via e-mail in order to be valid. Airportparking must acknowledge verbal orders made on site in order for them to be valid.
    2. In the order, the Customer must state the desired drop-off and landing time and flight number for the return flight. These details are binding.
    3. If there are any discrepancies between the order and the order confirmation, the order confirmation shall take precedence over the information in the order.
    4. The Customer must always place the order for themselves. If the services are to be obtained from a third party, this must be stated in the order together with the following details of the third party (name, address, telephone number, e-mail address).
    5. The Customer must provide a billing address when placing the order.
  5. Obligations of the Customer
    1. The Customer warrants that the vehicle dropped off to Airportparking is the property of the Customer or that the Customer has the right to use it for the contractual term (e.g. on the basis of a leasing, rental or a transfer of use agreement).
    2. The Customer must comply with the drop-off and pick-up times (see Section 1). If there are delays of more than 90 minutes and these are not reported in good time (Section 11.2), Airportparking may charge a handling fee of CHF 50. If the Customer does not drop off their vehicle within 3 hours of the drop-off time, Airportparking is entitled to make the parking space available to another customer. In this case, there is no entitlement to claim the booked service or be refunded for any fees paid.
    3. When handing over the vehicle, the Customer shall inform Airportparking about the condition and any damages as well as other features or characteristics of the vehicle relevant to safety or operation or with regard to preserving the integrity of the vehicle.
    4. The Customer shall ensure that the vehicle handed over to Airportparking complies with the legal provisions (requirements for operational safety, insurance cover, etc.) and that the insurance taken out for the vehicle (third party liability, comprehensive insurance, etc.) allows the vehicle to be driven by third parties and that this insurance covers any damage caused by these third parties. The Customer shall in any case indemnify Airportparking for all claims of third parties arising from or in connection with the order.
    5. The Customer is obliged to return the vehicle key to the drop-off location in good time. If the Customer does not comply with this obligation, a fee of CHF 200.00 shall apply. In this case, Airportparking is also entitled to have the vehicle towed away at the Customer’s expense.
    6. Should the Customer’s vehicle fail to start due to a technical defect, it is the Customer’s responsibility to commission a repair. If the vehicle remains in the parking space for a longer period of time as a result of this, the fee owed shall be increased in accordance with Section 3.
    7. The Customer must inform Airportparking in good time of any cancellations, rebookings, flight number changes and major delays (of 90 minutes or more).
    8. The Customer is obliged to check the vehicle for any damage when picking it up and to report any damage immediately after the inspection to Airportparking by e-mail including photos of the damage to kundendienst@airportparking.ch. If the Customer does not comply with these requirements, there is a presumption that the damage already existed when the vehicle was handed over to Airportparking and Airportparking is not liable for it.
  1. Provision of services by Airportparking
    1. The services to be provided by Airportparking in each individual case are based on the order confirmation and these GTC, unless otherwise agreed with the Customer.
    2. Airportparking is obliged to provide the services with due diligence.
    3. After takeover by an employee of Airportparking, Airportparking will draw up a protocol at the drop-off location on the same day on which obvious defects on the vehicle will be recorded. The client acknowledges the accuracy of this protocol.
    4. Opening hours are published on the Airportparking website. Airportparking does not guarantee that a member of staff will be on site at all times during opening hours. If a member of staff is not on site, the self-check-in or self-check-out process is to be used. For self-check-in, after parking their vehicle at the drop-off location (see Section 1.2), the Customer is required to insert the vehicle keys into the key drop-off box provided for this purpose and marked accordingly at the drop-off location. The self-check-in option is only available to the Customer following a prior order accepted by Airportparking via the online portal (see Section 3.1). For self-check-out, Airportparking deposits the vehicle keys in the designated key collection box at the pick-up location (which corresponds to the drop-off location) and informs the Customer about the pick-up procedure in good time via SMS.
    5. Airportparking provides the Customer with an unsupervised parking space that is not protected against the weather. Supervision and safekeeping are not subject matter of the contract. The Customer has the option of booking 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 parking space (‘upgrade’) even if the Customer has booked a non-covered parking space. In this case, the Customer will not be charged for the additional service. During the parking period, Airportparking may move the Customer’s vehicle to another parking space. Airportparking also reserves the right to temporarily store the vehicle in a non-covered parking space for a maximum of six hours for logistical reasons even if the customer has booked a covered parking space. The vehicle or the Customer shall not be transferred from Zurich to Geneva or vice versa.
    6. During the contractual term, Airportparking may travel a distance of up to 30km with the Customer’s vehicle.
    7. If the Customer’s vehicle needs to be jump-started because of an empty battery, Airportparking is entitled to carry out the necessary jump start itself or to commission a third party to jump-start the vehicle at the Customer’s expense.
    8. Airportparking is entitled to use suitable subcontractors to provide services.
  1. Special provisions at Geneva airport
    1. At Geneva Airport, the Airportparking service also includes a Customer transfer between the airport and the drop-off point or vehicle location on the company’s own shuttle bus.
    2. The Customer is obliged to drop off their vehicle to the drop-off point on time in order to ensure a timely transfer to the airport. The shuttle service shall wait for the Customer for a maximum of 10 minutes in the absence of a notification from the Customer.
    3. The Customer is obliged to follow shuttle staff instructions. Airportparking may refuse to take luggage without giving reasons.
    4. Airportparking is not liable for shuttle delays (e.g. missed flight etc.).
  2. Special provisions for additional services
    1. If the Customer books additional services, the following provisions shall apply additionally. There is no entitlement to book additional services.
    2. The content of the additional services is described on the Airportparking website.
    3. Airportparking reserves the right not to perform booked additional services, or to only perform them partially due to time constraints, condition, vehicle mass or unknown technical features of the Customer’s vehicle. In this case, the Customer will be refunded the fee paid (pro rata if applicable) for the additional services not performed.
    4. If vehicles cleaned by Airportparking become dirty during the transfer back to the airport due to weather conditions or the state of the road, the Customer shall not be entitled to a refund or repeat service.
  3. Prices
    1. The Airportparking prices applicable when the order is placed shall apply.
    2. Prices include Swiss value added tax.
    3. If the Customer exceeds the booked parking time, regardless of the reason (flight delay, vehicle defect, etc.), an additional payment is due in line with the applicable rates. Each day started (i.e. from 00:01 a.m.) is billed as a whole day.
    4. The fee agreed in the order confirmation is owed in any case. Failure to use the service or early collection of the Customer’s vehicle does not entitle the Customer to any reduction or refund of the fee. Cancellations pursuant to Section 11.1 of the GTC are excluded from this.
  4. Payment
    1. In principle, payments are due for payment without deductions at the time the order is concluded (online payment) or when the vehicle is dropped off to Airportparking (expiry date) at the latest. Payments may not be withheld or reduced due to deficiencies in Airportparking’s services or delays in the provision of services. Offsetting with claims of the Customer against Airportparking is excluded in any case.
    2. Additional charges or the additional fee owed in the event of a contractual extension shall be due for payment when the vehicle is returned to the Customer at the latest.
    3. The Customer irrevocably authorises Airportparking and its collection agents, upon conclusion of the contract, to debit all fees, charges, costs, etc. and all other claims of Airportparking related to the Contract, as well as any interest on arrears and claims for damages, from the means of payment designated by the Customer at the time of the order or subsequently submitted or additionally provided.
    4. If the Customer fails to meet the agreed payment deadlines, they shall pay interest of 5% on the outstanding invoice amount from the due date without a reminder. The right to compensation for further damages remains reserved.
  5. Changes to the order (cancellation, rebooking, changes to booked services)
    1. Cancellation of the booked service is possible free of charge at any time up to 24 hours before the agreed start of the parking period (i.e. before the scheduled drop-off of the vehicle to Airportparking). Cancellation must be made in writing. The relevant date is the date on which Airportparking receives the cancellation.
    2. Rebooking (earlier or later return journey) must be via e-mail to schalter@airportparking.ch. Notification must be made at least 12 hours before the agreed end of the booking. In the event of failure to notify or late notification, delays are to be expected, for which Airportparking accepts no responsibility.
    3. A fee of CHF 50 will be charged for changes to the contractual term for which no notification is received or for which a late notification is received. If the contractual term is extended, the additional rate will be charged in accordance with Section 3 GTC. Shortening of the contractual term does not entitle the Customer to a refund of the paid fee.
    4. A fee of CHF 50 is payable if the Customer is unable to make the planned journey and their vehicle has already been taken away by Airportparking. The fee paid by the Customer for the unused service will be refunded, provided that the Customer informs Airportparking immediately after becoming aware of the circumstances due to which they cannot commence the journey and pick up their vehicle.
  6. Limitations of warranty and liability
    1. Claims of the Customer due to poor performance or a delay on the part of Airportparking are excluded, unless otherwise provided in these GTC. In particular, Airportparking is not liable for costs and expenses if a flight is missed or in the event of delays.
    2. Airportparking’s liability is excluded to the extent permitted by law and not otherwise stipulated below. Liability for auxiliary persons is excluded.
    3. In particular, Airportparking’s liability for damage to the Customer’s vehicle (e.g. due to weather conditions such as hail, snow, sunshine, due to third parties, due to any jump start required in the case of an empty battery, damage caused by non-operation) or due to theft of the vehicle and/or items from the vehicle is excluded in any case. If the self-check-in/self-check-out option is used, Airportparking is not responsible for any damage or theft of the vehicle or vehicle accessories (e.g. keys).
    4. If Airportparking loses the key, Airportparking will ensure the Client's return home, the replacement key will be collected from the Customer within a reason-able period of time and the vehicle will be transported to the Customer. The cost of procuring a replacement key as per the vehicle manufacturer’s invoice shall be borne by Airportparking. The exchange of locks and further claims for damages by the Customer is excluded in any case.
    5. Airportparking is only liable for damage to the vehicle that is demonstrably caused by employees intentionally or through gross negligence. Airportparking is not liable for such damages if the Customer has not fulfilled its obligations according to Section 8. In case of demonstrable damage to the vehicle caused by Airportparking employees and compliance with the inspection and notification obligations specified in Section 5.8, the Customer shall be paid the amount determined by Airportparking’s insurance company. In any case, further claims for damages (e.g. due to costs for a replacement vehicle, loss of bonus, compensation for general costs, etc.) are excluded.
    6. When using subcontractors, Airportparking is only liable for the careful selection, instruction and supervision thereof. Any further liability is excluded.
  7. Data processing
    1. The following Airportparking Privacy Policy applies to the processing of Customer data.
  8. General provisions
    1. Airportparking may amend these GTC at any time without notice. The current version shall apply. This is available on the Airportparking website.
    2. If any provision of these GTC is invalid in whole or in part, the validity of the remaining provisions shall not be affected by this.
    3. Amendments and supplements to contracts with Customers are only valid in writing.
    4. The exclusive place of jurisdiction for all disputes is the registered office of Airportparking. Airportparking reserves the right to also take legal action at the Customer’s place of business or residence. Mandatory places of jurisdiction remain reserved.
    5. Contracts with Airportparking are governed exclusively by Swiss law to the exclusion of international conventions such as the United Nations Convention on Contracts for the International Sale of Goods (CISG; Vienna Sales Convention).

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