General Terms and Conditions of Business

1. Supplier Information

For services at Berlin Tegel Airport (TXL)

Berliner Flughafen Gesellschaft mbH (BFG) A company of Flughafen Berlin Brandenburg GmbH

Postal address: Flughafen Berlin Brandenburg GmbH, 12521 Berlin, Germany

Chair of the Supervisory Board: Michael Zehden CEO: Prof. Dr.-Ing. Engelbert Lütke Daldrup Director of Human Resources: Dr. Manfred Bobke-von Camen

Registered office of the company: Berlin Court of registration: District Court of Charlottenburg HRB 159621 B VAT Identification Number: DE136629675

For services at Berlin Schönefeld Airport (SXF)

Flughafen Berlin Brandenburg GmbH (FBB)

T +49 30 609160910 E [email protected]

Postal address: Flughafen Berlin Brandenburg GmbH, 12521 Berlin, Germany

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Chair of the Supervisory Board: Rainer Bretschneider CEO: Prof. Dr.-Ing. Engelbert Lütke Daldrup Director of Human Resources: Dr. Manfred Bobke-von Camen

Registered office of the company: Berlin Court of registration: District Court of Cottbus HRB 9380 CB VAT Identification Number: DE 223892319

Dispute resolution

Platform for online dispute resolution http://ec.europa.eu/consumers/odr/

We do not participate in dispute resolution proceedings before a consumer dispute arbitration board, but hereby inform you of the competent consumer dispute arbitration board:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V. Straßburger Str. 8 77694 Kehl https://www.verbraucher-schlichter.de/

2. Services

2.1 BFG operates Berlin Tegel Airport and is the contractual partner for all services offered at Berlin Tegel Airport. FBB operates Berlin Schönefeld Airport and is the contractual partner for all services offered at Berlin Schönefeld Airport.

2.2 The following services are provided at the respective airports and can be ordered subject to these General Terms and Conditions. • Observation deck at TXL Airport • Observation deck at SXF Airport • C-Lounge at TXL Airport

2.3 For the use of the observation deck and the lounge offer, the respective valid Conditions of Use, which are attached to the order process, must be observed. Each service can only be used on the date booked. A transfer to another day is not possible. To use the C-Lounge, a valid flight ticket for the booked day is also required.

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3. Conclusion of the order / Changes

3.1 The provision of the booking option for services at Tegel Airport or Schöne- feld Airport does not constitute a legally binding offer by the contractual partner, but merely a non-binding request to the customer to order the cor- responding service from the contractual partner.

3.2 By providing the necessary information in the respective order form and confirming the order by pressing the "Buy Now" button at the end of the ordering process, the customer submits a binding and irrevocable offer to conclude a contract. Until the "Buy Now" button is pressed, the order process can be cancelled/terminated by the user at any time by clicking on the "Back" button or terminating the order process.

3.3 If the services are available on the date requested by the customer, the customer will be requested to pay the respective fee after submitting the binding offer. The customer is provided with various payment options for this. The request for payment of the service is the acceptance of the customer's offer by the contractual partner.

3.4 All services of the contractual partner are provided or rendered subject to prior payment of the agreed fee. Without prior payment of the agreed fee, the contractual partner shall be entitled to withhold or not provide the service ordered by the customer.

3.5 Once payment has been successfully processed, the customer will receive on-the-spot access to the C-Lounge, an access ticket to the observation deck vending machines or an order confirmation on the mobile device displayed in the app and sent by email to the customer's specified email address. In the case of the observation decks, the purchased ticket entitles the customer to admission. In the case of the Lounge, the order confirmation serves as proof of payment. Admission control is based on the guest's valid boarding pass and the flight data provided in the order process.

4. Fees

4.1 For each service booked, a service fee in the amount shown in the booking form shall be owed by the customer; this is due for payment immediately using the payment options indicated, generally by credit card or PayPal.

4.2 A refund of the service fee in the event of non-use of the service is excluded, unless the contractual partner is not responsible for the non-use of the service or this cannot be attributed to him or her.

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4.3 For the payment processing of online orders we use different payment processing service providers. Credit card payments are processed by the payment processor Braintree. The payment option PayPal is provided directly by PayPal. Braintree is provided by PayPal (Europe) S.à.r.l. et Cie, S.C.A., (R.C.S. Luxembourg B 118 349), 22-24 Boulevard Royal, L-2449 Luxem- bourg.

4.4 All payment data stored during the ordering process is processed exclusively and independently by the payment processor.

5. Right of cancellation

For this contract set-up, § 312g paragraph 2 Number 9 BGB (German Civil Code) does not provide a right of cancellation. The customer may not cancel his or her order/booking.

6. Liability

6.1 Liability for the loss of luggage or other personal items is excluded.

6.2 The contractual partner is liable for damages due to intent or gross negli- gence in accordance with the statutory provisions. Liability for slight negli- gence on the part of the contractual partner or a vicarious agent of the contractual partner in the event of a breach of an es- sential contractual obligation shall be limited to the foreseeable damage typ- ical for the contract and shall be excluded in all other respects. Liability for culpability for damages resulting from injury to life, body or health remains unaffected. 6.3 The contractual partner shall not be liable for damages resulting from force majeure or other causes for which it is not responsible, such as official in- terventions, security-relevant measures at the airport or incorrect information from airlines on departure times or departure gate information.

7. Final provisions

7.1 The services of the contractual partners shall be exclusively subject to Ger- man law. Our General Terms and Conditions of Business shall be authorita- tive in the German language version of these.

7.2 Berlin is agreed as the place of jurisdiction for commercial business matters. The aforementioned place of jurisdiction does not apply to the dunning pro- cedure. The contractual partner is also entitled to initiate legal proceedings at the customer's general place of jurisdiction.

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7.3 Should individual provisions of a contract be invalid or unenforceable, this shall not affect the validity of the other provisions. Total invalidity shall apply, however, if the adherence to the contract, even after supplementation by dispositive law, represents an unreasonable hardship for one of the con- tracting parties or if the loophole cannot be resolved either by dispositive law or by supplementary interpretation of the contract.

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