Terms and Conditions

BRUSSELS AIRPORT COMPANY

GENERAL TERMS AND CONDITIONS

Digital Fast Lane Pass

(Last Modified 19 Dec 2019)

1. Introduction

These general terms and conditions of sale (hereafter the "Sales Terms") shall apply to online sale by Brussels Airport Company (hereafter "BAC") of the “Digital Fast Lane Pass” (hereafter “Digital Fast Lane Pass” or “Product”) offered for sale on https://fastlane.brusselsairport.be/en.

Passengers with a valid boarding pass can buy a Digital Fast Lane Pass giving access during the date and timeslot chosen during the purchase process to a separate security screening lane at Brussels Airport where passengers in normal circumstances can access the security screening faster.

2. Company Information

These Sales Terms are those of Brussels Airport Company, having its registered office at Boulevard Auguste Reyers 80, 1030 Schaerbeek (Belgium), with company number 0890.082.292, VAT number BE 0890.082.2952, e-mail: [email protected].

3. Definitions

For the purpose of this Agreement, unless the context otherwise requires, the following terms shall have the following meaning:

"Agreement" These Sales Terms, together with the Privacy Policy.

"BAC" Brussels Airport Company, as identified under Article 2.

"Buyer" Any person buying a Product.

"Force Majeure" Has the meaning ascribed to it in Article 12.4.

"Order" An order for Products submitted by the Buyer to BAC and accepted by BAC by means of an Order Confirmation. The e-mail received by the Buyer from BAC "Order Confirmation" confirming the Order.

"Privacy Policy" The general Privacy Policy of BAC which can be consulted through the following hyperlink: https://www.brusselsairport.be/en/privacy- policy and the specific Privacy Policy for the Fast Lane Pass which can be consulted through the following hyperlink: https://fastlane.brusselsairport.be/embeds- bac_fastlane-assets/statics/docs/privacy- policy-en.pdf

"Product" of “Digital Fast Lane Pass” The Digital Fast Lane pass offered for sale by BAC on https://fastlane.brusselsairport.be/en and for which BAC acts as a Seller.

Any capitalised term not defined herein shall have the meaning ascribed to in the Privacy Policy.

4. Product Description

These Sales Terms only apply to the sale of the Product offered by BAC on https://fastlane.brusselsairport.be/en

The online purchase of a Digital Fast Lane Pass will grant the right to a single use of the separate Fast Lane track located in the security screening zone at Brussels Airport, at the date and timeslot chosen during the purchasing process. The access code is a QR code or alphanumeric code, which will be sent to the customer per e-mail and which must be scanned at the entrance of the Fast Lane track. In order to enable a smooth passenger flow at the Fast Lane track, the number of available Digital Fast Lane Passes for a certain date and/or timeslot are limited.

The online Digital Fast Lane Pass is available for purchase by natural or legal entities. The Digital Fast Lane Pass is linked to a name. A Digital Fast Lane Pass can only be used at the Fast Lane track on a single occasion. An access code that has been scanned at the entrance of the Fast Lane track will become invalid and cannot be used for another date or timeslot.

5. Purchasing the Product

5.1 Conclusion of the Agreement

The Buyer understands that, once she/he has successfully ordered a Product, she/he has entered into a legally binding sale agreement with BAC (the "Agreement").

5.2 Availability of Products

The Products available for sale are those figuring on https://fastlane.brusselsairport.be/en

The Buyer purchases a Digital Fast Lane Pass for a specific date and timeslot to be chosen during the purchase process. In order to enable a smooth passenger flow at the Fast Lane

track, the number of available Digital Fast Lane Passes for a certain date and/or timeslot are limited by BAC. Digital Fast Lane Passes for a certain date and/or timeslot are thus available as long as stocks last.

5.3 Restrictions

By placing an order, you confirm that you are at least 18 years of age. If we discover that you are not, we will be entitled to refuse or cancel an order and cancel your registration.

The Buyer may not acquire Products with the intent of reselling such Products. The Product is intended to be acquired in household quantities and are sold for private purposes only. It is not permitted to be sell Digital Fast Lane Passes to third parties as part of a standard commercial practice or for Digital Fast Lane Passes to be included as part of a commercial package.

BAC reserves the right not to fulfil orders that it believes to have been placed in a fraudulent manner. If the indications are confirmed, any costs in relation to investigations into fraudulent practices may be recovered from the purchaser.

When You acquire the Products, You understand that you need a valid boarding pass in order to use the Product. BAC does not assume any responsibility for such restriction and You commit to inform Yourself of such restriction prior to acquiring and/or using the Product.

6. Placing Orders

(a) Conditions for placing an order

By placing an order, the Buyer warrants that:

(i) he is legally capable to enter into binding contracts;

(ii) he is not precluded by mandatory law or law of public policy to acquire the Product and/or Services;

(iii) he is at least 18 years old;

(iv) he holds a valid boarding pass departing from Brussels Airport on the date chosen during the purchasing process.

BAC retains the right to refuse or to cancel any order if it reasonably believes that the Buyer fails to comply with the aforementioned conditions. In any case, BAC declines any responsibility if the Buyer provided false or incomplete information.

(b) Paying Your orders

Orders can only be paid by using a valid payment card. The payment of Your order is processed by a third-party payment services provider and is subject to the terms and conditions of such payment services provider.

Your order is only complete to the extent that such payment services provider has confirmed the successful payment of Your order. You understand that BAC is not liable for any damages resulting from acts or omissions of the

payment services provider and the liability of such payment services provider is solely governed by his terms and conditions.

You expressly agree that the payment method as set forth herein is the sole manner in which Products can be paid and any other payment method, including payment on delivery or cash payment are hereby explicitly excluded.

Upon successful completion of the ordering procedure and successful payment of the order, You will receive an order confirmation on the e-mail address provided by You. The order confirmation will provide, as the case may be:

(i) The price applicable to the Products ordered;

(ii) The QR code which has to be scanned at the Fast Lane track;

(iii) The timeslot and date purchased for using the Digital Fast Lane Pass.

(iv) The method of payment used;

7. Prices and Charges

Sales prices are those indicated at the time the Buyer validates his Order and figuring in the Order Confirmation.

Prices are indicated in EURO (€) and are VAT inclusive. BAC will not charge the Buyer with any additional costs for the processing of the payment transaction.

8. Obligations of the Buyer

You will be responsible for ensuring the accuracy of the details you provide, such as your identity, payment information, e-mail address and (optionally) your telephone number.

As part of the registration for a Digital Fast Lane pass, you will create an identification code and password for login purposes. We ask that you choose a password that is sufficiently unique and not derived in any obvious manner from your name or personal characteristics. It is your responsibility to ensure that your credentials are kept secure and that no unauthorised individuals are able to place orders using your personal devices and/or credentials. Any order submitted through your account will be deemed to have been placed by you. If you think your credentials have been compromised, you must contact us immediately using our contact details, so we can give you instructions as to how you can change your password. If we suspect that your account and access to the online service are no longer secure or have been abused, we will be entitled to instruct you to change your password or take other appropriate measures.

It is your responsibility to look after your Digital Fast Lane Pass. If a code is lost or destroyed, you will be able to ask us to resend the access code by sending an e-mail to [email protected]. This new code will be valid for the date and timeslot previously chosen in the original purchase flow.

You are permitted to pass on Digital Fast Lane Pass to third parties by e-mail. If you pass on a Digital Fast Lane Pass to a third party, it is your responsibility to ensure that he or she complies with the terms and conditions in this document. The holder of the QR code will be regarded as the rightful owner of the Digital Fast Lane Pass. Used Fast Lane Passes are void and cannot be passed on in any valid manner.

Without the prior written agreement of BAC, it is strictly prohibited to copy, modify or use digital or automatic tools such as hacking, crawling, scraping or robots to access the online service, the website pages, apps, software code, the codes and QR codes sent or any other content or design-related elements linked to the service. Nor is it permitted to incorporate such elements in software applications or hyperlinks, or to use such elements in any manner whatsoever for any other purpose than the ordering of Fast Lane Passes for Brussels Airport. The elements listed are protected under intellectual property rights, the contractual conditions set out in this document and the general standards of proper and diligent conduct.

You are required to abide by the rules of conduct applicable in the security screening zone of Brussels Airport. You will not be entitled to any refund in the event that you are denied access as a result of your failure to comply with these rules. In such circumstances we reserve the right to refuse future orders and/or terminate your account.

9. No right of withdrawal

Since a Digital Fast Lane Pass is only applicable on the date and timeslot chosen during the purchase process and the amount of Digital Fast Lane Passes per timeslot is limited in order to ensure a smooth passenger process, the Buyer does not have a right of withdrawal after purchase.

10. Guarantee and Liability

The service regarding the online ordering of Fast Lane Passes is provided on an "as-is" basis.

BAC does not guarantee that the website is available at all times. We recommend that you use the service well in advance of any planned trips. We reserve the right to refuse access to the service (the website and/or the Fast Lane track) on a temporary or permanent basis, including for security reasons. We will be under no obligation to substantiate any such refusal.

If any technical issues occur during the sending of the Fast Lane Pass, you must contact us as soon as possible using our contact details.

If the Digital Fast Lane Pass fails to work at the entrance to the Fast Lane track in the security screening, you must report this to reception to enable a responsible person to identify the issue. The cause will then be investigated, and in the case of a technical error, a replacement code will be issued, provided this is necessary and possible at that time viewing the remaining capacity available Alternatively, arrangements may be made to grant Fast Lane track access at a later time.

Nothing in these Terms shall limit or exclude BAC's liability for death or personal injury caused by BAC's negligence, for fraud or fraudulent misrepresentation, or to any extent prohibited by any applicable law.

Notwithstanding any other provision of these Terms, but subject to the above paragraph, BAC shall have no liability however arising (whether in contract, tort (including negligence), or restitution, or for breach of statutory duty or misrepresentation or otherwise) in connection with or arising out of these Terms and/or any BAC Product for:

(i) any incidental, consequential, indirect, special, contingent, or punitive loss or damage; or (ii) direct or indirect loss of or damage to: profit, revenue, business, contract, opportunities, anticipated savings, data, goodwill, reputation or use; suffered by the Buyer that arises under or in connection with the Agreement and these Terms.

For the avoidance of doubt, the Buyer explicitly understands that the Digital Fast Lane Pass only gives access to a separate security screening lane where the number of users per timeslot is limited. The fact that a passenger in normal circumstances can go faster through security screening at Brussels Airport using this separate Fast Lane track is mere an obligation of means of BAC and no obligation of result. As a consequence, the Buyer accepts that no guarantee is given on the time to go through security screening since the applicable security process has to be executed. The Buyer has to foresee sufficient time to go through the applicable security screening process. BAC cannot be held liable for a Buyer/User missing his flight due to the applicable security screening process.

Without prejudice to the above paragraphs, BAC's total liability arising under or in connection with the Purchase governed by these Terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price (exclusive of VAT) of the BAC Product in relation to which such liability is based.

11. Privacy Policy

When the Buyer provides personal data to BAC, such personal data will be processed in accordance with BAC's Privacy Policy

(available here: https://www.brusselsairport.be/en/privacy-policy).

12. General

12.1 Entire Agreement

Unless stated otherwise, these Terms set forth the entire Agreement and understanding between the Parties concerning the subject matter hereof, and supersede and replace all prior agreements or understandings, whether written or oral, with respect to the same subject matter that are still in force between the Parties.

12.2 Modification

BAC has the right to modify these Terms. The modifications will be in force for the Orders submitted afterwards. Accordingly, the Buyer is advised to save or print a copy of these Conditions prior to each Order that he submits.

These Sales Terms were last amended on 19/12/2019.

12.3 Severability

To the extent possible, the provisions of these Sales Terms shall be interpreted so that they are valid, and, if applicable, grant enforceable rights and obligations in accordance with applicable law and with the common will of the Parties.

Nevertheless, if one or several provisions are invalid, illegal or not enforceable, fully or partially, the remainder of the provision and of the Agreement shall not be affected and shall remain in force as if the invalid, illegal or non-enforceable provision had never been part thereof. In such event, BAC shall amend and/or substitute the invalid, illegal or unenforceable (part(s) of) provision(s) by a similar provision so as to accomplish the intent of the Parties to the extent permitted by the applicable law.

12.4 Force Majeure

"Force Majeure" shall mean any unforeseen event which is beyond the reasonable control of BAC or the Buyer or any foreseeable occurrence the consequences of which may not reasonably be avoided and which prevents performance of the Agreement, in whole or in part, by the party affected by such event of Force Majeure (including but not limited to fires, strikes, lock outs, or other industrial action, flight cancellation, delays, any acts or restraints of any government or public authority, war or outbreaks of hostilities of any kind). For the avoidance of doubt, the situation where the Buyer misses his flight, regardless of the cause, is not considered an event of Force Majeure. However, this provision shall not apply if the said flight is a connecting flight and that flight was missed because the first flight the Buyer took was delayed.

In the event of Force Majeure, performance of the obligations under these Sales Terms shall be suspended for the duration of the delay caused by the event of Force Majeure and the period of performance shall be automatically extended, without any penalty, for an equal period.

If BAC is affected by an event of Force Majeure, it shall consult the Buyer with a view to find an equitable solution and shall use all reasonable efforts to minimize the consequences of the occurrence.

If the event of Force Majeure definitely impedes the execution of the Agreement, the Agreement shall be automatically terminated, without liability and with immediate effect.

12.5 Waiver

Failure or delay in requiring strict performance of these Sales Terms, or failure or delay to enforce a provision of these Sales Terms, or a previous waiver or forbearance to these Sales Terms, shall in no way be construed as a waiver of any provision of these Sales Terms.

12.6 Dispute Resolution

These Sales Terms are governed by Belgian law and shall be interpreted in accordance thereto.

All disputes which cannot be resolved through good faith discussions, shall be submitted to the exclusive jurisdiction of the Brussels courts (Belgium), without prejudice to any applicable provisions of mandatory law relating to consumer contracts.

13. Customer Service

For any question or claim, the customer service of BAC can be contacted by the Buyer: ⎯ E-mail: [email protected] ⎯ Address: Brussels Airport Company NV, Auguste Reyerslaan 80, 1030 Brussels, Belgium, seat of business: Brussels Airport, Satellite building, 1930 Zaventem