The Customer Account of Frankfurt Airport
Although this English translation has been prepared with due diligence and the greatest possible care, in cases of doubt the original German contract applies for resolving any disputes.
1. General Information
The customer account for the website of Frankfurt Airport, the Frankfurt Airport online shopping platform, and any additional services that may be introduced at a future time are operated by
Fraport AG (“Fraport”)
Frankfurt Airport Services Worldwide
60547 Frankfurt am Main, Germany
Entry in the commercial register of the Frankfurt am Main District Court: HRB 7042
VAT identification number: DE 114150623
Phone: +49 69 690-0
Changes that are legally beneficial to or have a neutral effect on users take effect immediately. All other changes must be communicated to the user in writing at least two months before they will enter into effect. Unless the user objects to changes within one month, they are presumed to have been accepted. This period is counted from the point in time at which the changes are communicated. When communicating changes, Fraport must inform the user of their right to object to them and the consequences of failure to exercise this right. In case the user objects to changes, Fraport declares now in advance that this will have the effect of automatically terminating this agreement pursuant to Part 9.2 of these terms ofuse.
If changes concern the object of this agreement and/or services of Fraport, Fraport may only make them if they are not unreasonable to the user while taking Fraport’s own interests into account. Changes are considered reasonable for the user in particular if they do not exceed the scope of what is usual within the scope of Internet commerce and are not detrimental to the user or contrary to the principles of good faith and trust.
2. Subject of the Agreement and Scope of Services
Fraport makes available to users digital services at Frankfurt Airport that include but are not limited to the airport website, an online marketplace for shopping online at merchants based at the airport, and an online shop for booking parking spaces at Frankfurt Airport. For the services named in section 2.1, sentence 1 and for other digital services that may be introduced in the future, Fraport assigns a customer account to each user to facilitate the booking of services and management of customer data. In addition, users receive product recommendations and newsletters that are tailored to their preferences, provided that they consent to or have already consented to receiving these, personalized vouchers and coupons for services and products of Frankfurt Airport or partner enterprises, and other information on offerings of Fraport.
In particular, users can use their customer accounts to:
- easily use Fraport’s digital services and products while quickly and convenientlybooking and ordering them using an email address and password,
- view and in some cases edit orders and bookings made previously online and savethem to, for example, the digital wallet of a mobile phone,
- access login data and store and edit address data,
- view and edit previously provided permissions,
- access personalized vouchers and coupons (redeemable in accordance with thecorresponding terms), and
- use the Fraport single sign-on procedure together with their email address andpassword to sign up for all digital services offered by Fraport.
Use of a customer account is free of charge for its users.
Users have no entitlement to future use of their customer accounts. If Fraport intends to shut down a customer account, it will inform the user of this in advance.
Fraport reserves the right to alter, extend, or restrict the content, structure, and design of customer accounts within the scope of what is usual in Internet commerce.
Fraport is entitled to temporarily restrict the usability of and ability to access a customer account and individual functions there of if there are legal or technical grounds for doing so. In particular, technical grounds can include but are not limited to maintenance work, updating of the underlying software, or measures to ensure the security or integrity of a customer account.
3. Opening and Using a Customer Account
The user may check their own entries at any point of the registration process and correct any mistakes directly in the corresponding fields.
After the registration procedure has been completed, Fraport opens a customer account for the user. This gives rise to a contract between the user and Fraport. There is no need for Fraport to explicitly declare this to the user.
After opening the customer account, Fraport stores the text of the contract where the user can access it.
If previously provided personal data should change, the user must inform Fraport without delay of the new data or personally make the changes in the customer account settings.
The user must take steps to prevent their user name and password from being used or accessed by unauthorized third parties. If there are grounds to believe that data have been misused by third parties, the user is obliged to inform Fraport of this without delay. In such acase, Fraport is entitled to lock the user out of their account. Fraport will never ask a user by email or phone for their password.
The user is liable for all activities that are conducted while using their account. This does not apply to cases of misuse for which the user is not responsible.
The user may not register for or have more than one customer account with Fraport at the same time. Customer accounts are nontransferable.
4. Behavior in the Customer Account
The customer account and underlying database may only be used in the ways intended by Fraport.
It is prohibited
a. to evade or disable functions (such as search boxes) or otherwise interfere with Fraport’s website, and especially to implement measures that could overload the infrastructure of Fraport’s websites;
b. to block, overwrite, or modify content generated by Fraport;
c. employ automated functions (such as algorithms or machines) to acquire products;
d. distribute, initiate, or advertise spam, chain letters, or pyramid schemes; or
e. send or make accessible viruses or other malware that could block or damage Fraport’s websites or the computer systems of other users.
5. Consequences of Violations
- to warn the user,
- to temporarily restrict or block the user’s access to the customer account, onlineshopping platform and all other digital services and/or
- if there is an important reason to do so, permanently block and delete the user’saccount.
6. Intellectual Property
The content (texts, images, graphics etc.) of the customer account is Fraport’s intellectual property. It is prohibited to use, reproduce, disseminate, or otherwise make publicly accessible or process any or all parts of it without Fraport’s prior written consent.
7. Data Protection and Use
Fraport processes personal data in strict compliance with the valid national (German Federal Data Protection Act) and European (General Data Protection Regulation) data protection regulations. Personal data provided by the user, such as their first and last name, email address, and postal address, are used to set up and administer a customer account. If the user has submitted orders via Fraport’s digital services, these can be viewed. The above mentioned data are stored until the customer account is deleted or the deletion of the data is required by law.
To the extent required to fill an order or provide a service placed or requested by the user, data stored by the user are relayed to the corresponding provider contracted by Fraport.
Fraport has unlimited liability for culpably caused damages resulting from injuries, loss of life, or harm to health. For all other types of damages, Fraport has unlimited liability only incases of intentional actions or gross negligence.
Fraport is otherwise only liable for culpable violations of obligations that must be met in order to properly fulfill the purpose of the contract and which the user may regularly expect tobe met, with the liability being limited to repairing or providing compensation for damages of kinds that are typical of such a contract and foreseeable, up to a maximum of 50,000 euros.
Liability under the German Product Liability Act is unaffected, as is also liability under legal provisions that call for responsibility without culpability.
To the extent that Fraport’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.
9. Termination of the Contract
The user may withdraw from the contract with Fraport at any time with immediate effect and without specifying any reasons for doing so.
Fraport may terminate the contract at any time with four weeks’ notice without specifying any reasons for doing so.
The right of both parties to terminate the contract at any time is unaffected.
After a withdrawal takes effect, the user may only view information on unfilled orders and liabilities. No new transactions may be initiated. The customer account is deleted as soon as no open transactions of the user are left. After that, the user may no longer access or view any of the orders placed.
In order to be effective, withdrawals must be in writing.
10. Contractual Language and Applicable Law
The language of the original contract is German.
If the user is a consumer (as defined by Section 13 of the German Civil Code), the laws of the country in which they ordinarily reside apply, provided and to the extent that choosing German law would deprive them of protections under the corresponding laws of their country of residence.
The EU Commission has launched a website (known as the OS Platform) for resolving disputes between companies and consumers. The platform can be accessed at https://ec.europa.eu/consumers/odr. However, Fraport is not obliged to participate in any alternative dispute resolution processes of consumer arbitration bodies and does not currently do so.
(Finalized in August 2021)