Allgemeine Geschäftsbedingungen

The Terms and Conditions set forth the conditions on which FLINK GmbH (in short: FLINK) provides products and services offered through the website This Agreement is a contract between the customer (renter/buyer) and FLINK GmbH registered at the commercial court in Vienna, FN 413055i, at Ploesslgasse 11/3b, 1040 Vienna, branded as FLINK, and covers all rentals and purchases made through this Website.

The legal languages are English and German.

The following paragraphs are either applicable to rentals (stated “Rental only”), purchases (stated “Purchase only”) or both (stated Rental & Purchase).

Before you click on the “I accept” button, carefully read these Terms and Conditions. By clicking on the “I accept” button, you are bound by and have become a party to this agreement. If you do not agree to be bound by the Terms and Conditions of this agreement, then please do not click “I accept” and/or continue to use this website. We reserve the right to amend this Rental Agreement at any time. Any such changes will apply to future rentals after the date on which such modification goes into effect.

1. Nature of Service (Rental & Purchase)

FLINK GmbH (FLINK) provides a wireless modem rental and purchasing service (the “mobile WiFi” or “mobile Hotspot”), along with a user guide and accessories (collectively the “Equipment”).

FLINK offers two different rental models/plans: 1) FLINK International Hotspot – for usage in multiple countries and 2) FLINK Local Hotspot – for usage in Austria only – as well as a purchasing option for the FLINK International Hotspot.

Information in the price lists, advertisements, advertising material and internet pages/websites of FLINK are without obligations. FLINK expressly reserves the right to make changes to the information contained therein at any time.

Orders from the customer are only valid as an offer for the conclusion of the contract. Orders placed via the website shall be deemed to be refunded at the time of receipt of the electronic order. FLINK can accept an offer within 7 working days from receipt. Order confirmations are sent via e-mail.

FLINK also cooperated with partners/third-party companies (such as Airlines). Purchases through these partners are subject to their terms and conditions.

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2. Eligibility to rent/buy equipment (Rental & Purchase)

While our Equipment may be used by customers of any age, we only rent and sell to customers who are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Rental Agreement, and to abide by and comply with the terms set forth herein.

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3. Delivery & Pickup (Rental & Purchase)

When you place an order to rent or buy the mobile FLINK WiFi Hotspot through our website, we will ask you to designate an address to which the hotspot and accessories (from here on “Equipment”) will be delivered, and in the case of rentals, will also ask for your Rental Start Date and Rental End Date. The Equipment will then be delivered to your designated address before or on the chosen date. It is your responsibility to inspect all Equipment upon receipt and to verify that it is in good working order and condition. In the event, that we deliver the Equipment before your designated date and you are not available to accept or fail to accept the delivery for any reason, then such Equipment shall still be deemed accepted and you will still be responsible for the return of the Equipment (for rentals) and for all charges. It is your responsibility to ensure that you are available to receive and that you accept the delivery of our Equipment.

FLINK can deliver the FLINK International Hotspot to a hotel or private address within Austria and worldwide (FedEx footprint). If the Equipment has to be delivered to an „INTERNATIONAL OUT-OF-DELIVERY-AREA AND OUT-OF-PICKUP-AREA“ according to FedEx (see pdf here), it is possible that additional shipment charges may apply.

Rentals through Airline partners (e.g. Austrian Airlines): The FLINK International Hotspot can be rented on-board a Austrian Airlines flight thought the duty-free sale. The initial rental is handled thought the on-board personnel of Austrian Airlines and is invoiced by Austrian Airlines. All further purchases is handled by FLINK.

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4. Use of equipment (Rental only)

You agree to exercise reasonable care in the use of all Equipment, and to handle all Equipment in accordance to the online user guide. You further agree that you will not do any of the following: (a) make repairs or modifications, or alter in any way, the Equipment; (b) remove or alter any certification markers in or on the Equipment; (c) share the Equipment with any not-known third party, or allow any such third party to use the Equipment; (d) dispose of the Equipment; (e) grant any interest in the Equipment to any third party; or (f) use the Equipment for any illegal purposes.

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5. Data usage (Rental only)

The FLINK International Hotspot provides access to the fastest network globally (HSPA+), with speeds up to a 3G/4G (H+) hybrid. This may vary from country-to-country depending on local data networks. The data-limit is always unlimited. If there is high usage (over 500MB) within 24-hours after activating the Hotspot, the connection will go to a lighter speed, which is great for e-mail, web surfing, social media, apps, messaging, and WiFi calling. Data speed limit will always automatically reset after 24-hours.

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6. Returns (Rental only)

Online rented hotspots:

You are able to return device rented through our website in the following ways (depending on your order):

  • Public post-box with the purchased pre-paid envelope (if chosen during the rental process).
  • Returning it via the FedEx return label (if chosen during the rental process).
  • Handing it over at the reception of your hotel in the pre-paid envelope, asking them to post the Equipment for you. It is your responsibility to ensure that the reception posts the package on your behalf.
  • Handing it back to your travel guide (if you received it from them).
  • Returning it back to the distribution partner (if you received it from them).
  • Self-return method (if chosen during the rental process). Please note that we only accept self-returns which are posted within the EU or have a return shipment time of 3 or less days to Austria. Self-returns may be posted on weekends without fear of late fees.

Depending on the return method you choose, we may ask you for the entire return address or the country and/or city from which you will return the Equipment back to FLINK during the booking process.

All returns should be returned no later than one (1) day following your Rental End Date. Equipment rented from one of our distribution partners have to be returned to the same distribution partner where it was collected upon Rental End Date/Time. The Equipment shall be returned in good working order and condition.

Rented hotspots through partners (including Austrian Airlines):

Option 1 – Free returns at the Vienna International Airport

Option 2 – Self-return Method

Option 3 – Return with enclosed Envelope and Fedex Return Label

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7. Fees & Charges (Rental & Purchase)

All prices/charges published by FLINK are set in Euros (€) and include VAT.

Applicable are the prices valid at the time of the order. Through updating the website of FLINK all previous prices and information on goods may be invalid and updated.

Rental charges

Rental fees for the use of our Equipment are assessed commencing as of the Rental Start Date and ending when the Equipment is returned via FedEx, the hotel reception, the Vienna International Airpoirt or a public post box.

You will be charged according to your payment type, but typically right after ordering. If you prolong your rental period, the additional charging will occur after your rental period.

Purchasing charges

The purchasing prices include the FLINK International Hotspot and accessories (a battery, Micro-USB Cable, Instructions and a traveling pouch)

There are separate costs for packaging, shipping and insurance.

The nature of the purchased goods is based solely on the manufacturer’s specifications. Deviations require a written agreement.

Delivery fees for purchases are calculated based on the delivery options offered by FLINK. These fees include the delivery to a desired address, packaging material and are calculated whilst ordering via the online purchasing form.

Charges for Damage/Loss to the Equipment/Theft for Rentals

You are solely responsible for all loss, theft or damage to the Equipment during the Rental Period. You are required to notify the police immediately following the event of theft and fill in a theft report and send and report it to FLINK.

We will bill any charges for damage at our discretion and apply them toward any deposit, or in the alternative, bill them directly to your credit card. Charges for the loss of the Equipment will be applied toward the deposit or billed to a credit card.

Delivery and Return Fees for Rentals

Delivery fees are calculated based on the delivery options offered by FLINK. These fees include the delivery to a desired address (home country or destination country), packaging material and are calculated whilst booking via the online rental form.

If your hotspot has to be delivered to an „INTERNATIONAL OUT-OF-DELIVERY-AREA AND OUT-OF-PICKUP-AREA“ (e.g. Islands or remote place) according to FedEx (see pdf here), FLINK will contact you after you placed the order as it might be possible, that the shipment prices increases. If this is the case, you can still cancel three (3) days prior to your Rental Start Date.

Late Fees for Rentals

Failure to return the Equipment (including all accessories) promptly to us will result in the incurrence of additional late charges. All returns must be postmarked on or before the first (1st) day following your Rental End Date. In the event that we fail to receive the Equipment, or any portion of the Equipment, three (3) days (postmarked) after the rental end date, you will incur a daily penalty fee of €5.00 until the date the Equipment is received. In case the equipment is not returned within seven (7) working days of your rental end day you will incur a final penalty fee for the loss of the equipment. Self-returns may be posted on weekends without fear of late fees.

If for any reason you are unable to return the Equipment, including but not limited to the Equipment being lost or stolen during the Rental Period, then you should contact us immediately, so that you do not incur additional late charges. Charges for any loss of equipment will be attributed as follows; repurchasing the device including the SIM card, as well as the consequent restocking/setup fee. To this extent, a fee of € 130.00 will be levied upon you in the event of loss of each mobile WiFi hotspot rented. Lost chargers will incur a charge of € 20.00. Lost charging cables will incur a charge of € 5.00. FLINK will not accept replacements as a substitute for any of these fees.

Please note that we reserve the right to institute collection procedures against you in the event that you fail to return our Equipment to us as required by this Rental Agreement or fail to pay any service or damage charges that you incur. If it becomes necessary for us to institute collection procedures against you, you agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.

Detailed pricing information can be found on the Pricing page.

Payment Processing

FLINK accepts the following payment types through the website valid credit cards of internationally recognized credit card companies such as VISA, MasterCard, Diners, JCB, American Express and online payment portals like PayPal and instant bank transfers (SOFORT Überweisung). All payment processing through the website are completed by: Wirecard Central Eastern Europe GmbH (Primoschgasse 3, 9020 Klagenfurt, Austria). Not accepted are among others all prepaid cards as well as debit cards e.g. Visa Electron

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8. Delivery (Purchase only)

The goods are shipped to the delivery address indicated by the purchaser/buyer.

Deliveries are made through the Austrian Post or FedEx (delivery service).

FLINK shall be entitled to make partial deliveries to a reasonable extent. Orders can also be executed by linked companies. The position of FLINK as a contractual partner remains unaffected.

FLINK endeavours to uphold the agreed delivery dates as far as possible. In addition, delivery dates, even if confirmed, are without warranty.

FLINK deliveries are normally made within 5 business days, but at the latest after the statutory deadline of 30 days.

When dispatching the goods in the case of consumer transactions, the risk of the loss or damage to the goods is transferred to the consumer as soon as the goods are delivered to the consumer or to a third party other than the carrier who is determined by the goods. If, however, the consumer himself has concluded the contract of carriage without using a selection option proposed by us, the risk passes to the carrier upon delivery of the goods.

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9. Deposit (Rental only)

There is a deposit of € 130.00 per device throughout the rental period. This amount will neither be charged nor will it be held on your credit card. FLINK GmbH however, reserves the right to recharge the credit card in case acts in point 6. b. and/or c. apply. All deposits are handled through our payment partner WIRECARD.

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10. Cancellation (Rental only)

There is no cancellation right for this service according to the “Fern- und Auswärtsgeschäfte-Gesetz – FAGG” as the service is considered a leisure activity.

You may cancel your reservation without penalty three (3) days prior to your Rental Start Date. In the event that the Equipment has been delivered to you, the delivery costs cannot be refunded. In addition, no days can be refunded wherein you were in possession of the Equipment.

If your hotspot has to be delivered to an „INTERNATIONAL OUT-OF-DELIVERY-AREA AND OUT-OF-PICKUP-AREA“ (e.g. Islands or remote place) according to FedEx (see pdf here), FLINK will contact you after you placed the order as it might be possible, that the shipment prices increases. If this is the case, you can still cancel three (3) days prior to your Rental Start Date.

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11. Right of Rescission or Revocation (Purchase only)

The buyer has the right to revoke the contract or a contract which has already been concluded within fourteen days without providing a reason. The period of revocation shall be fourteen days from the date on which the purchaser or a third party named by the buyer, who is not the carrier, has or has taken possession of the goods. If the Purchaser has ordered the goods within the scope of a uniform order and these goods are delivered separately, the withdrawal period starts on the day on which the purchaser or a third party that has been named who is not the carrier has taken possession of the last product respectively. If FLINK has not complied with the obligation to provide information on the existence of the right of revocation (conditions, deadlines and procedure for the exercise of this right), the withdrawal period is extended by twelve months. If FLINK receives the information within twelve months from the date of receipt of the goods, or if the last goods are delivered separately, the withdrawal period shall be 14 days after the date on which the buyer receives this information.

In order to exercise the right of revocation, the buyer must inform FLINK of the decision to revoke this agreement by means of a clear statement (via letter, fax or e-mail):

Ploesslgasse 11/3b
1040 Vienna
Tel.: +43 (1) 890 03 57-90
Fax.: +43 (1) 890 03 57-99

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12. Consequences of Revocation (Purchase only)

If the buyer revokes the contract or a contract that has already been concluded, FLINK shall repay all payments received by FLINK from the buyer, including the costs of delivery, forthwith and within fourteen days from the date on which the notice of revocation of this contract.

For repayment, FLINK will use the same means of payment that the purchaser has used in the original transaction, unless otherwise expressly agreed on. No additional charges will be charged for this repayment. FLINK may refuse repayment until FLINK has received the returned goods or until the buyer has proved that the goods have been returned, whichever is the earlier.

The buyer shall immediately and in any case send back the goods within fourteen days from the date on which the buyer has sent the revocation to FLINK:

Ploesslgasse 11 / 3b
1040, Vienna

The buyer bears the direct costs of returning the goods. If the goods were damaged by the transport to the buyer or are defective for other reasons, FLINK will pay the shipping costs for the return shipment.

If a loss of value is attributable to a buyer after testing the quality, characteristics and function of the goods, the purchaser shall bear the costs.

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13. Ownership of Equipment (Rental only)

By using this service, you agree and acknowledge you are renting Equipment for travel purposes only, and that you will acquire no rights in the Equipment. You agree that we will retain all ownership of the Equipment, including but not limited to user guides and accessories.

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14. Reservation of Ownership (Purchase only)

Deliveries from FLINK are always made under the express reservation of the ownership of the delivered goods until full payment of the delivery claim by the customer.

Before complete payment of the invoice the buyer, the buyer is prohibited to pawn the goods, to re-assign them, or to grant other rights to third parties.

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15. Transport Damage & Customer’s Obligation to Inspect (Purchase only)

If goods are delivered with obvious damages to the packaging or the contents, the buyer must immediately notify the delivery service and refuse the acceptance. In addition the buyer must contact FLINK immediately.

Hidden defects must be reported to FLINK immediately after discovery.

Packages with external damages must be complained within 1 day at the next post office, concealed damage within 7 days.

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16. Customer Warranty (Rental only)

If you are renting this Equipment on behalf of an entity rather than for your own personal use, then you represent and warrant that you are fully authorized to enter into this Agreement on behalf of such entity, and to bind such entity to the terms and conditions set forth in this Rental Agreement. You further represent and warrant that you are not committing any fraud or misrepresentation in entering this Rental Agreement.

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17. FLINK Warranty (Rental & Purchase)

FLINK warrants that the Equipment will be delivered in good working order and condition, and that it will continue to operate properly during the term of the Rental Period. However, FLINK cannot guarantee full working signal/coverage and service in all areas. FLINK relies on the mobile connection capabilities of the providers in the specific countries.

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18. Purchase Warranty & Guarantee (Purchase only)

The warranty claims of the customer against FLINK in the case of defects of the delivered goods shall be governed by the statutory provisions of Austria, if the following provisions do not lead to deviations. The warranty period ends 24 months after delivery.

When purchasing a FLINK International Hotspot, FLINK grants a 12-month warranty from the date of purchase.

Damages caused by improper or non-contractual measures of the customer during installation, connection, operation or storage of the goods do not constitute a claim against FLINK. Unfairness and non-conformity are determined, in particular, according to the manufacturer’s instructions.

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19. Remedies (Rental only)

In the event of any failure to meet the FLINK Warranty, our sole liability and your sole and exclusive remedy will be to repair or replace the Equipment at our expense. If we replace the Equipment, you will receive the same or reasonably similar Equipment to use for the remainder of the Rental Period . It is your obligation to notify us immediately in the event that you experience any problem with your Equipment.

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20. Disclaimer of Warranty (Rental & Purchase)

Except for the warranty, FLINK makes no representations, warranties, conditions, or guaranties, whether express, implied, statutory, or otherwise, oral or written, regarding the equipment or this rental agreement. We make no endorsements regarding any third party listed in our user guide, and cannot warrant or make any representation about the quality of their services. We cannot warrant our equipment will operate uninterrupted or error-free, that it will operate properly on all wireless networks, that it will meet all of your needs, or that any third party services that you access through the user guide will be uninterrupted, error-free, or meet your needs. We cannot be responsible for the legality, adequacy, accuracy, quality, or operation of any third party services. Company expressly disclaims all other warranties with respect to the equipment, our rental services, and any third party services accessed through our user guide, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third party rights. You assume sole and exclusive responsibility for the use of the equipment and for any reliance on any third party services. While we will make every effort to erase all personal information left on returned equipment, we cannot be responsible for ensuring the protection of personal information left on returned equipment. You assume the sole risk and responsibility for erasing personal information prior to returning any equipment rented or bought pursuant to this rental agreement

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21. Consequential Damages (Rental & Purchase)

To the extent permitted by law, neither FLINK nor its officers, directors, employees, contractors, agents, and representatives shall in any event be liable to you for any consequential, punitive, exemplary, special, incidental, or indirect damages of any kind, including without limitation, loss of data or profits, loss of goodwill or business reputation, cost of procurement or replacement goods and services, cover, or reliance damages, or any other tangible loss arising out of or in connection with this agreement, whether such liability arises from any claim based on contract, warranty, tort (including negligence), strict liability, infringement of intellectual property, or otherwise, and whether or not we have been advised of the possibility of such loss or damage. We agree that these limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. Our total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under this Rental Agreement. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder. There is a liability for slight negligence, with the exception of personal injury. The act of gross negligence is not excluded.

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22. Indemnification (Rental & Purchase)

By agreeing to this Agreement, you agree to indemnify, defend, and hold harmless FLINK, our officers, directors, employees, independent contractors, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorney’s fees, in any way connected with (a) a breach of the Terms and Conditions of this Agreement; and (b) any dispute between you and any third party service, which you engaged through our user guide.

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23. Submitted Content (Rental & Purchase)

If we decide to allow postings to our Website, and if you post content to our Website, by electronic mail or otherwise, we will treat the content as non-confidential and non-proprietary to you. By posting content on the Website (if such features are available to you), you authorize us to use and allow others to use, distribute, modify, and copy the content, without compensation to you and for so long as we deem warranted (collectively, “Use Rights”). Moreover, in posting this content to our Website, you warrant that you have sufficient authority and right to post the information, and provide these Use Rights. Rest assured that these Use Rights do not apply to personally identifiable information you submit under our Privacy Policy, and our Privacy Policy strictly governs any such information.

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24. Miscellaneous (Rental only)

We reserve the right to discontinue our rental services or terminate and/or amend this Rental Agreement at any time at our sole discretion due to technical issues or not obliging with §4 and §5 of these Terms and Conditions. Extraordinary high data usage may lead to termination of the Rental Agreement. Expiration or termination of this Agreement will not relieve you of any payment obligations hereunder. You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. You agree that we may assign this Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the terms of this Agreement, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the Parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.

Discount vouchers must be used at time of the online rental and cannot be exchanged for credit on previous purchases. The discount is applied only to the rental fees, not extras or shipping charges.

The FLINK Hotspots are using data SIM cards and/or are being connected/operated by:

  • FLINK Local Hotspot: A1 Telekom Austria AG (Lassallestraße 9, 1020 Vienna, Austria) and/or Hutchison Drei Austria GmbH (Brünner Straße 52, 1210 Vienna, Austria).
  • FLINK International Hotspot: Skyroam, Inc. (180 Samsome Street 4th, 94104 San Francisco, California, USA) and/or THESOCIALDATACO Pte. Ltd. (“TSD”), 12 Eu Tong Sen Street #08-169 Singapore 059819.

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25. Force Majeure (Rental & Purchase)

In the event we fail to perform any obligation pursuant to this Agreement due to an “act of God,” or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed to be a breach of this Agreement, provided that we notify you of the existence and nature of the reason for our non-performance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure.

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26. Governing Law (Rental & Purchase)

This Agreement is governed by Austrian Law, without regard to conflicts of law principles.

Private Persons

For all disputes and suits arising from this contract against a consumer who has his domicile, habitual residence or place of employment in Austria, the court of the district in which the consumer has his habitual residence, domicile or place of employment is responsible. For consumers who are not resident in Austria at the time the contract formation the place of jurisdiction is according to the legal jurisdiction.


For all disputes arising from this contract the local jurisdiction at the seat of Company is the competent court. However, we have the right to sue at the general court of the contractor.

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27. Participation for (a.o. Facebook) prize draws

The prize is indicated in the respective prize draw posting. The prizes cannot be exchanged or redeemed for cash. The prizes are not transferable. Booking is subject to availability. The start of the prize competition is the date of publication on our website (and/or Facebook page); the timing of the draw will be indicated separately for each prize draw. Users who are at least 18 years of age. Employees of FLINK and their relatives are excluded from participating in the prize draw. Automated playing is not allowed. Unless indicated otherwise, the winner will be chosen at random. Exceptions will be communicated in the prize draw posting (for example: The picture with the most likes wins, selection of the winner by a jury, etc.). Each participant can only win one prize. The winners will be identified and notified immediately after the end of the prize draws. As a rule, we will send the prize by email/private Facebook message. Should the prize have to be collected, this will be additionally indicated in the posting. We need your personal details to hold and process the prize draw. They will be collected, saved and used for this purpose. By participating in our prize draws, you consent to abide by our Privacy Policy

These prize draws are in no way connected with Facebook and are neither sponsored, supported nor administered by Facebook.

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28. Personal data protection clause

The following personal data of the customer may be electronically processed, saved and – within the scope of the Austrian Data Protection Act (Datenschutzgesetz) and the General Data Protection Regulation (GDPR) – transmitted and used by the FLINK data processing:

  • name, address, e-mail address, fax and phone number, date of birth, driver’s licence data, customer number
  • rented Equipment, damages of these equipment incurred, open claims, data on receipt and return


Subjective value judgements, the personal income and financial situation shall not be stored.

The customer agrees to the transmission of these personal data to FLINK GmbH, (details see for the purpose of the execution of the business of this agreement as well as for future advertising purposes in the range of hotspot rentals. In case of external reservations by FLINK the customer agrees to the transmission of his personal data to the FLINK with which the local rental agreement will be concluded (details see

The customer may revoke the consent about their data being circulated by FLINK at any time.

Name, address and dates of rental will be transmitted to the authority at reasonable governmental request, in case of alleged violation of the law in the country where the Equipment was used/delivered.

See for more information.

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29. Effective Date

The effective date of these Terms is May 25, 2018.


Copyright ©2018 FLINK GmbH. All Rights Reserved