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Terms and conditions of use and house rules for the bicycle storage area

der Flughafen Wien Aktiengesellschaft
Postfach 1
1300 Wien-Flughafen
FN 42984m, LG Korneuburg
(in der Folge kurz „FWAG“ genannt)

1 General

1.1 Any use of the garages or parking spaces, including access routes (hereinafter referred to as ‘parking area’), is subject to these parking conditions and house rules (hereinafter referred to as ‘parking conditions’).

1.2 A parking space usage contract is concluded by parking an authorised bicycle or electric bicycle (in accordance with point 2.9). By concluding the parking space usage contract, the user acquires the right to park an insured, roadworthy and operationally safe bicycle that meets the requirements of point 2.9 in an available parking space for the agreed parking period.

2 Use of the parking area

2.1 Bicycles may only be parked in accordance with point 2.9 after a corresponding parking space usage contract has been concluded with Flughafen Wien Aktiengesellschaft as the owner. A contract is concluded by parking a bicycle in accordance with these conditions. There is no legal entitlement to use the parking area. Use of the parking area is exclusively permitted for airline passengers or their escorts (persons who accompany airline passengers to the gate or pick them up from the airport, even if they are not taking a flight themselves) and employees of FWAG and its subsidiaries. Use of the parking area by employees of contractors, business partners of FWAG or one of its subsidiaries, such companies or other third parties is not permitted. No fee is charged for the use of the parking space or for charging electric bicycles.

2.2 The user is obliged to park the bicycle without unnecessary delay, to secure it properly (in particular to secure it against rolling away), to lock it and then to leave the parking area without delay and to act accordingly without unnecessary delay when collecting the bicycle. Only one bicycle may be parked at each parking space. A permissible parking space is exclusively a free side of a barrier. If there are no free parking spaces, the parking area cannot be used. It is not permitted to lock several bicycles to the same side of a barrier or to park them in a free space. There is no right to park the bicycle in a specific parking space. The user is obliged to remove the parked bicycle from the parking area immediately at the end of the parking period. Bicycles that have been improperly parked can be removed by FWAG in accordance with point 3!

2.3 Minor mechanical maintenance, care and repair work may be carried out on the user's own bicycle using the equipment provided for this purpose and with the tools provided by FWAG. Furthermore, batteries of the bicycles with the permissible settings (in accordance with point 2.9) may be charged with the chargers provided by FWAG. Prohibited are repairs or maintenance of any electrical parts, in particular batteries for electric bicycles, and the charging of technically defective batteries. Any commercial use is not permitted.
 
2.4 The provision of insurance cover, the guarding and safekeeping of the bicycle, its accessories and any other items brought into the parking area (e.g. valuables) and the protection of persons are not the subject matter of the contract. This also applies in the event that FWAG personnel are present in the parking area or this area is covered by video surveillance. Therefore, no liability is accepted for theft or for damage to a bicycle by third parties!
 
2.5 FWAG points out that during heavy snowfall or other sudden changes in the weather conditions, it is not possible to clear and grit everywhere at the same time. In such cases, users of the parking areas (especially access routes) must expect the resulting dangers (e.g. black ice) and adjust their behaviour accordingly (e.g. use other access routes).

2.6 The parking areas must not be used for any unusual or non-designated purpose (e.g. as a sports room or recreation room).

2.7 The instructions of FWAG staff or their agents must be followed in the interest of smooth operation.

2.8. The maximum hire period is 3 months. If the bicycle is hired for a continuous period of longer than 3 months, the user must first provide FWAG with his contact details (name, address, telephone number, etc.); otherwise FWAG is entitled to charge expenses for the investigation and to remove the bicycle in accordance with point 3.

2.9. Only bicycles as defined by the German Road Traffic Regulations (StVO) and electric bicycles with motor assistance up to 25 km/h as defined by the StVO may be parked, provided they have pedals (pedelecs). It is not permitted to park electric bicycles or electric vehicles that, for example, are only driven by pressing a button without pedal assistance.
 
2.10 The following are in particular prohibited:

  • Smoking and the use of fire and naked lights;

  • inappropriate behaviour and disturbing or endangering other persons and/or the property of FWAG or third parties (e.g. through dangerous behaviour, inappropriate words and actions, noise, damage to or contamination of the parking area, odours, the influence of alcohol or drugs, infectious diseases or other unlawful behaviour).

  • parking and storing objects of any kind, in particular flammable and explosive substances;

  • parking a bicycle with defective batteries or other, in particular safety-related, defects;

  • the distribution of advertising material without the written consent of FWAG;

  • driving any type of vehicle (single-track motor vehicles, single-track vehicles such as bicycles, e-bikes, e-scooters, scooters and inline skates as well as skateboards, motor vehicles, etc.)

 
2.11 The User is obliged to report (i) any damage discovered on the parked bicycle and (ii) any discovered or potential damage to other bicycles and the parking area (including accessories), provided that he/she has caused it, to the FWAG personnel responsible for the parking area, who can be contacted if necessary by emergency call, without undue delay and in any event before leaving the parking area, and to give them the opportunity to inspect the bicycle. In the event of non-obvious damage, written notification must be provided to FWAG in writing within 14 days of discovery of the damage.
 
2.12 In the event of gross or repeated violations of the parking conditions and/or other contractual conditions, FWAG may issue a ban on entering the premises in relation to the user. For the duration of the ban on entering the premises, the user is not permitted to enter or drive in the parking areas or to conclude contracts for the use of parking spaces. FWAG can terminate with immediate effect any parking space usage contracts that have already been concluded for the duration of the ban on entering the building. In the event of a violation of the ban on entering the building, a no-fault contractual penalty of €375 shall be payable for each violation. The right is reserved to assert further claims for compensation.
 
2.14 In the event of violations of the parking conditions or other contractual conditions (e.g. violation of the smoking ban, contamination of the parking area), a no-fault contractual penalty of EUR 150 per violation will be charged, unless a higher contractual penalty is provided for in the contract. The assertion of further claims for compensation remains reserved.
 
2.16 The terms and conditions for using the civil airport (ZFBB) for Vienna Airport, as amended, must be observed.
 
2.17 The parking areas must not be used for any purpose other than that intended or in breach of the contract.


3 Removal of the bicycle by FWAG

3.1 FWAG is entitled to remove the parked bicycle from the parking area and to store it at the expense and risk of the user (and, if necessary, by opening bicycle locks or other locking devices in a manner that damages their substance), if

  • the maximum parking time has expired, provided that written notification has been sent to the user or the registered owner of the bicycle, or that such notification has not been successful or cannot be delivered, or

  • it endangers or hinders the operation of the garage due to safety-related defects;

  • it is parked in a manner that is contrary to the contract or the traffic regulations or that hinders other traffic – in particular if towing away would be justified under the German Road Traffic Regulations (StVO).

 
3.2 In these cases, FWAG is entitled to move the bicycle and, if necessary, to secure it so that it can no longer be driven away by the user without the intervention of FWAG until the costs incurred are paid by the user. In particular, FWAG is entitled in such cases to open bicycle locks or other security mechanisms even if this involves damaging the substance of the lock or mechanism. The user shall not be entitled to any claims for damaged locks or security mechanisms of this kind.
 
3.3 Until the bicycle is removed from the parking area, FWAG shall be entitled to the costs incurred for the removal and subsequent storage of the bicycle, but at least to a no-fault contractual penalty of €500.


4 Right of Retention

4.1 FWAG has a right of retention with respect to the Bicycle brought in as security for all of its claims against the User arising in connection with the parking.
 
4.2 To secure the right of retention, FWAG can use appropriate means to prevent the removal of the bicycle (immobilisation). The application of the right of retention can be averted by providing a security.

5 What to do in case of fire

5.1 If there is a fire or the smell of burning, call the fire brigade (122). The report must include the following information: WHERE the fire is (access routes), WHAT is burning (building, bicycle), HOW many people are injured, WHO is calling (name). Any signs posted with instructions on ‘What to do in case of fire’ must be observed.
 
5.2 If necessary and if possible while taking care of your own safety, warn endangered persons and evacuate injured or helpless persons.
 
5.3 If possible, while taking care of your own safety, attempt to extinguish the fire with a suitable fire extinguisher; otherwise leave the parking area as quickly as possible on foot.

6 Data protection

6.1. Information about the processing of your personal data (e.g. video surveillance of the parking area) by FWAG can be found at www.viennaairport.com/datenschutz.

7 Liability and default provisions

7.1 Except for personal injury, FWAG is not liable for slight negligence and indirect damage.

7.2 The customer must notify FWAG of all claims, including the reasons for them, due to breaches of duty by FWAG without delay, but no later than within two weeks after the start of the statutory limitation period. If the customer fails to provide notification in due time, the customer can no longer assert his claims. All of the customer's claims shall become time-barred within six months of the start of the statutory limitation period. Except in the case of personal injury, FWAG's liability in the event of gross negligence is limited to €10,000 per claim. The application of Section 1298 of the Austrian Civil Code (ABGB), the avoidance on the ground of mistake and warranty claims are excluded.

7.3 Clause 7.2 shall not apply to consumer contracts, i.e. if the conclusion of the contract is not part of the operation of the customer's business.

7.4 In the event of an impediment to performance due to force majeure, FWAG's performance obligations shall be suspended for the duration of the impediment without any consequences of default arising. Warranty claims and other no-fault claims (e.g. claims arising from strict liability) against FWAG due to defective performance and default in performance due to force majeure are excluded. Force majeure exists if circumstances for which FWAG is not responsible, as well as unforeseeable and unavoidable circumstances, such as in particular natural phenomena of particular intensity, war, riot, strike, terrorism or new official requirements, have led to a delay in performance or to a defect in performance.

7.5 In the event of default by the user, the charging of 12% default interest p.a. plus associated costs within the meaning of § 1333 para. 2 ABGB (in particular reminder, information and legal fees) shall be deemed agreed. In consumer contracts, the default interest shall be 9% p.a.

8. Severability clause and amendment of these parking terms and conditions and house rules

8.1 Should any of the provisions be invalid, this shall not affect the validity of all the other provisions of these parking terms and conditions. Any invalid provision shall be replaced by a permissible provision that comes closest to the economic purpose of the original provision.
 
8.2 FWAG is entitled to amend these parking terms and conditions and house rules at any time. Such amendments shall be posted in the same places and shall come into force three months after they are first posted.