General Terms and Conditions for the Use of Onsite Lounges at Düsseldorf Airport.

Preamble

The following general terms and conditions (AGB) for the use of the lounges named below and their associated individual service offerings on the site of Düsseldorf Airport are used by the Flughafen Düsseldorf GmbH, the Operator.
They are in effect when using the following lounges and all their associated services:

- Hugo Junkers Lounge – Gate B - Level 2 – Departures - Schengen Site Plan attached
- Open Sky Lounge – Gate C – Non-Schengen Site Plan attached

as by:

Flughafen Düsseldorf GmbH

Flughafenstr. 105
40474 Düsseldorf
Telephone: +49 (0)211/421-0
Telefax: +49 (0)211/421-6666

Represented by Managing Director Thomas Schnalke (Chairman of the Management Board), Michael Hanné and Lars Mosdorf

as Provider.

Upon conclusion of the contracts (user and/or purchase contract) presented below, Flughafen Düsseldorf GmbH shall become the sole contractual partner of the respective Customer.

The online lounge booking system “Bookingkit” and the use of the services offered by Provider are subject to the following provisions. The published and dated version at the time of the booking is always applicable. These general terms and conditions can be downloaded at https://www.dus.com/en/inform/lounges and saved at any time during the process of contract conclusion.

 

These terms and conditions are structured as follows:

A General Online Terms of Contract

B General Terms of Use

C Special Terms of Use

D Online Dispute Resolution

E Final Provisions


A General Online Contract Terms of Contract

I. Booking Process

  1. The online booking system “Bookingkit” can be accessed at https://www.dus.com/en/inform/lounges  for lounge use and all associated bookable services. Information for all lounges listed in this document can be requested on this system and the Customer then receives the following information, to include:

      1. Duration of use (fixed 3-hour time window)
    2. Range of benefits and service offerings (varies)
    3. Use rates
    4. Purchase of gift certificates for lounge use

  2. Gift certificates purchased via the online booking platform (available for 27.50€; 50€, and 100€) are one way to purchase authorisation for using the lounge. Gift certificates can be used as a payment option when booking the lounge.

  3. Gift certificates are valid for 24 months from the date of purchase and expire at the end of the given period without replacement. The validity period is shown on the gift certificates.

  4. According to the selection the Customer makes in the online system, an “offer” is then presented to the Customer for available use time windows, the current pricing (incl. VAT), and a listing of all additional services available during the lounge use.

  5. The Customer then provides the number of users and their names in the online form. The relevant prices are based on per person use, including children. Children aged 0-2 years may use the lounge free of charge. The price per booking for children aged 3-12 years is 11.00€ per child . The online booking system limits the capacity for online bookings to a maximum of 25 persons.

  6. Currently, Customers can book the lounge only as new customers and cannot save their profile in a customer account. For each visit, the next step is to enter personal data (name, address, email address, contact information). Use of the data will be solely for the conclusion and execution of the contract and within the framework of the current legal requirements for data protection.

  7. For payment of the booking, a “prepayment” is required via bank transfer (“giropay” & “sofort”), PayPal or iDeal, or credit card or a gift certificate code (Pre-Paid Voucher).

  8. Prior to completing the booking, the Customer receives a summary of their selection and all personal and payment data entered. For the conclusion of the booking, the Customer must acknowledge the general terms and conditions and the Provider’s privacy policy by checking the acknowledgement box.

  9. The booking is finalized by clicking “complete booking” (“Buchung abschliessen”), which submits the online form. Through the online system, the Customer then receives an e-mail confirmation, which they use for entry to the booked lounge, either printed out or as a QR code.

  10. The Customer has the option - at any point during the booking process up to the submission of the online contract - to correct their entries by navigating back and forth between the individual steps.

  11. For questions and technical issues related to online bookings, we are available for you by phone at +49 (0) 211 421-3712 (Hugo Junkers Lounge) or +49 (0) 211 421-21144 (Open Sky Lounge).

II. Conclusion of Contract Use/Purchase Agreement

  1. The mere provision of the online booking systems does not constitute a legally binding offer by the Provider to use the lounges but merely a non-binding invitation to the Customer to submit an offer to the Provider for contract conclusion.

  2. The Customer makes a binding offer for conclusion of a use/purchase agreement by submitting the respective online contract form. The acceptance of the offer is established when payment is received by the Provider. Subsequently, the Provider sends a contract confirmation. The respective confirmation is sent electronically to the e-mail address provided by the Customer. The confirmation e-mail contains information on the booking/purchase, as well as an invoice and a ticket/QR code that the Customer must present as an access medium at the lounge check-in area. Alternatively, the Customer may use a printout of the respective confirmation e-mail for lounge access.

  3. In the event of a rebooking of a use contract, as described in the Point B III below, the Customer receives a “new” contract/rebooking confirmation via the online booking system.

  4. Important! The Customer agrees to check their e-mail inbox, including any possible spam folders, for receipt of the confirmation. In case the Customer does not receive the confirmation, they have the option to contact the service hotline mentioned under the above point 11.

  5. Upon acceptance of the offer by receipt of the confirmation by the Customer, a use and/or purchase contract is concluded between the Customer and the Provider with the content and in accordance with these terms and conditions.

III. Right of Withdrawal at Purchase of Gift Certificates

The contract may be revoked by the Customer according to the following instructions within the scope of the statutory right of revocation if the consumer acted as a consumer in the meaning of § 13 of the Civil Law Code (BGB) when purchasing the gift certificate. Consumers within the meaning of § 13 BGB are natural persons who conclude a contract for a purpose that can be attributed neither to their commercial nor their independent professional activities.

The booking of lounge use constitutes a contract for the provision of services at a specific time in the sense of § 312 no. 9 BGB (Civil Law Code). In this respect, there is no statutory right of withdrawal. Instead, the Provider grants a right of withdrawal/right of cancelation in accordance with Section B III No. 7 and 8 of the GTCs.

 

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Cancellation Policy

Right of Withdrawal

The Customer has the right to cancel the purchase contract for gift certificates within 14 days of purchase date without giving reasons.

The revocation period is 14 days from the day of the contract conclusion.

To exercise the right of withdrawal, the Customer must send a written request (e.g., a letter sent by regular mail, fax, or e-mail) to cancel and withdraw from this contract. The withdrawal is to be addressed to:

Flughafen Düsseldorf GmbH
Terminalmanagement

Flughafenstr. 105
40474 Düsseldorf
Telefax: +49 (0)211-421-21256 (Hugo Junkers Lounge)
Telefax: +49 (0)211-421 21145 (Open Sky Lounge)
E-Mail: Lounges@dus.com

A sample cancellation form is provided below, but it is not required.

For compliance with the revocation period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the revocation period.

Consequences of the Withdrawal

If the Customer revokes this contract, the Provider is obliged to return all payments received under this contract, immediately and at the latest within 14 days from the day on which the notification of revocation was received. For this refund, the same payment method used for the original transaction will be used, unless expressly agreed otherwise; in no case will a refund fee be charged.

If the Customer requested services that begin during the withdrawal period, they shall pay a pro-rated amount corresponding to the proportion of the services already provided up to the time they notify us of the exercise of the right of withdrawal.

Expiry of the Right of Withdrawal

The right of withdrawal shall expire if the Provider has fully performed the service and started to perform the service only after the Consumer gave their express consent thereto and at the same time confirmed their knowledge that they lose their right of withdrawal upon full performance of the contract by the Provider.


Sample Cancellation Form


If you wish to cancel the contract, please complete this form and send it to us.

- To [Name, address, fax number (if applicable), and e-mail address of the contractor to be inserted here by the contractor]
- I/We(*) hereby cancel the contract concluded by me/us(*) about the purchase of following wares(*)/ the provision of the following services(*)
- Ordered on(*) / received on(*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for communications on paper)
- Date
__________
(*) Delete as applicable.

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B. General Terms of Use

The following general terms of use are valid for the entire online booking process (see above section A.)

I. Contract of Use

  1. Upon conclusion of the use contract for the lounge as part of the booking process, the Provider is obligated to provide to the User the services specified in the contract confirmation. There is no entitlement to a specific seat in the booked lounge.

  2. Use of the lounge is available only to the person(s) named as “User” on the ticket and may not be transferred to third parties.

  3. Guarding, monitoring, safekeeping, and providing insurance coverage are not covered by the contract of use. The presence of lounge staff does not include any duty of care or assumption of liability, including theft or damage by other users or third parties.

  4. The lounge service includes the provision of reception and service staff, an extensive range of beverages and food (self-service), national and international newspapers and magazines; cleanliness and order during opening hours; and providing information in response to guest/visitor inquiries. The beverages and foods available may vary in their type and scope depending on season, special occasions, current operations, and/or due to other regulations. In particular, a booking does not include entitlement to specific foods and beverages.

  5. The lounge interiors include seating options/seating groups, serving areas for beverages and food, sanitary facilities (including showers), TVs, monitors from the airport information devices (FIDS), an internet terminal, and WiFi.

  6. In case of increased traffic and when in danger of exceeding the maximum capacity of the lounges, the Provider may limit online bookings. Bookings that are already binding will not be affected.


  7. II. Use Fee / Purchase Price

    1. The use fee is fixed for the three-hour time window as shown during the booking process and in the contract confirmation. It is independent of the actual time spent in the lounge. The use fee must be paid before the contract confirmation can be sent. The use time is a maximum of three hours. The fee applies, as shown in the contract confirmation, per individual customer.

    2. A refund of the use fee - in the event that the Customer does not utilise the booked time slot - is only possible in accordance with the respective applicable statutory provisions (currently: § 537 BGB) and is otherwise excluded. A proportional refund of the charges is excluded if the Customer finally leaves the lounge before the end of the use time of three hours as shown in the contract confirmation.

    Gift certificates may be used as payment only for the period shown on them.

    III. Period of Use, Withdrawal/Cancellation, Rebooking

    1. The respective contract of use ends in principle with the expiry of the fixed agreed period of use. It can be terminated by either contracting parties for good cause. Ordinary termination is not possible or is excluded by mutual agreement.

    2. The regular use time is three hours. The respective lounge can only be used during the official opening hours (05:15-21:00).

    3. The Customer is obliged to leave the lounge immediately after the end of the contract.

    4. If the Customer exceeds the contractual period of use, the provision of § 625 BGB shall not apply. Instead, the User shall owe the Provider compensation for use of the lounge in an appropriate amount for the time exceeding the booking until the User leaves the lounge, i.e., a fee of 5€ (incl. VAT) per person for each additional 1/2 hour of stay in the lounge.

    5. The use fee must be paid by credit or EC-card before leaving the lounge. Cash payments are not possible.

    6. The Provider is entitled to terminate the contract without notice for good cause, e.g., the User violates these terms of use repeatedly or continues to do so despite verbal warnings from the staff working on site.

    7. The Customer may withdraw from the user contract at any time up to the beginning of the booked time slot on the grounds that the booked flight has been cancelled without substitution. The Customer must then specify the affected flight in the cancellation notice in a verifiable manner, stating the times and flight number. When the reason for the withdrawal is verified, the use fee will be refunded to the Customer immediately. No further costs will be charged.

    8. Moreover, the Customer has the right to withdraw from the contract of use, without giving a reason and up to 12 hours before the start of the booked time slot, in accordance with the following regulations:

      - If the cancellation occurs more than 24 hours before the booked time slot, the Customer will be charged 7% of the use fee as cancellation costs. The remaining use fee will be refunded immediately after receipt of the cancellation notice.

      - If the cancellation occurs more than 12 and less than 24 hours before the booked date of use, 50% of the paid use fee is to be paid by the Customer. The remainder will be refunded immediately after receipt of the cancellation notice. In this case, the Customer is entitled to prove that a loss or a reduction in value has not occurred at all or in a significantly lower amount than claimed.

    9. The notice of withdrawal must be sent by e-mail to the address given below:
      Lounges@dus.com

    10. The Customer also has the right to rebook until the beginning of the booked time slot and especially in cases of change of flight times. For technical reasons, this is not done directly through the booking system Bookingkit.

    11. In this case, the rebooking declaration must be sent to the following e-mail address:
      Lounges@dus.com

      or can be made by phone by calling: (+49 (0) 211-421 3712 (Hugo Junkers Lounge) or +49 (0) 211-421 21144 (Open Sky Lounge)).

      The Customer can arrange a new booking date by stating the booking number and the desired time window. The Provider will then delete the existing booking from the system free of charge. The use fee already paid will be credited in full to the rebooked time slot. In the event of a second rebooking, i.e., if the same Customer again initiates a rebooking by e-mail or telephone before the start of the newly booked time slot, a flat fee of 1.95€ (incl. VAT) per person will be charged, which must be paid before entering the lounge using the payment methods available on site.


    IV. Liability of the Provider

    1. During the term of the use agreement, the Provider shall be liable for damages that are demonstrably caused by breaches of duty by the Provider, its employees or agents. Accordingly, the Provider shall not be liable for damages that are solely the responsibility of natural causes, other users, or other third parties.

    2. In the event of simple negligence, the Provider shall be liable up to an amount of 1,000.00€ per case of damage, unless there is an injury to life, body, or health (personal injury) or a breach of essential contractual obligations. Material contractual obligations are those in which fulfillment is essential to the proper performance of the contract and on the fulfillment of which the User relies and may rely. These are in particular the obligation of the Provider of transfer of use and the obligation of the User to pay the use fee.

    3. Insofar as the liability of the Provider is excluded or limited, this shall also apply to the personal liability of the employees, representatives, and agents of the Provider in connection with the contract of use.


    V. Liability of the User

    Users are liable for all damages they culpably cause to the Provider or third parties. In addition, they are liable for culpably caused damage to the lounges. Any further legal liability of any User remains unaffected. Users are obliged to immediately report any damage they cause to the onsite staff responsible for the lounges.

    VI. Access Medium

    1. For entry to the lounge, the User must carry the ticket generated at the time of booking (printout or QR code/Apple Wallet) as proof of authorisation.

    If it is not possible to use this ticket for admission for technical or other reasons, the user must follow the instructions of the staff on site. In exceptional cases, i.e., if the booking made can be verified by the staff on site, the presentation of the ID card(s) for identification of the authorised user(s) is sufficient to allow entry.

    C. Special Conditions of Use

    1. The lounges can only be used during opening hours.

    2. Minors will only be allowed access if accompanied by a parent or guardian.

    3. Smoking (incl. e-cigarettes) is prohibited in the lounges.

    4. It is not allowed to lie down on sofas or put feet on tables or sofas/seats.

    5. When entering the lounge, appropriate clothing must be worn (e.g., no appearance in pajamas or without shoes).

    6. Electronic devices may only be used with appropriate volume. If necessary, headphones are to be used according to the instructions of the staff present.

    7. Food and drinks may only be consumed in the lounge. It is not possible to take them out.

    8. The User must also follow the instructions of the staff and observe any signs posted on site. In addition, the excerpts from the Airport User Regulations posted on site in the entrance area apply accordingly.


    D. Consumer Dispute Resolution

    As a consumer within the meaning of § 13 of the German Civil Code (BGB), Customers are entitled to seek out-of-court dispute resolution via the EU Commission or the online platform for sales and service contracts (OS) provided for this purpose, in this case: "www.dus.com" under the item Privacy Policy, Legal Notices, Online Dispute Resolution. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

    E. Applicable Law, Jurisdiction Agreement, Translations

    1. If the User is a consumer, the mandatory provisions of the law in the jurisdiction in which the User usually resides shall apply. German law shall apply in all other respects.

    2. If the User is a merchant, Düsseldorf is agreed as the place of jurisdiction for all legal disputes, regardless of the legal grounds, unless another place of jurisdiction is mandatory by law.

    3. Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the remainder of the contract shall remain unaffected. Instead of the invalid or unenforceable provision, the statutory provision shall take effect.

    4. In the event of a translation of these General Terms and Conditions, the German version shall remain legally binding.


    Valid as of 1 April 2021.

     

     


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