@@domestic letter mail@@

@@domestic letter mail@@ @@@General Terms and conditions@@@ Valid from 1 March 2015 This English translation is provided for your convenience only. In the event of discrepancies the German original text shall prevail over the English translation.

Valid from 1 March 2015 (issue no. 1/2015) TABLE OF CONTENTS 1 General section 3 1.1 Scope and legal basis 3 1.2 Contractual relationship 3 1.3 Services of Austrian Post 3 1.4 Items excluded from transport 3 1.5 Determining and paying charges 3 1.6 Information about letter mail items 4 1.7 Transport resources / compensation 4 2 Posting 4 3 Handover 4 3.1 Recipients 4 3.2 Persons authorised to accept letter mail items 5 3.3 Confirming acceptance 5 3.4 Handing over through delivery 5 3.5 Pick up from an Austrian Post branch 6 3.6 Refusing acceptance 6 3.7 Undeliverable letter mail items 6 3.8 Undeliverable and unreturnable letter mail items 7 3.9 Damage assessment 7 3.10 Search request 7 4 Liability 7 4.1 Austrian Post liability 7 4.2 Liability exclusion 8 4.3 Special provisions for entrepreneurs (as defined in the Austrian commercial code) 8 4.4 Liability of Austrian Post for cash on delivery service 8 4.5 Liability of the sender 9 4.6 Legal recourse and jurisdiction 9 2

1 General section 1.1 Scope and legal basis 1.1.1 These general terms and conditions (hereinafter called GTC ) apply to the legal relations between Österreichische Post AG (hereinafter called Austrian Post ) and its customers for the dispatch and delivery of letter mail items in Austria. 1.1.2 The Product and Price Index Brief National (hereinafter called PPI ), which defines the services in more detail, is an integral part of these GTC. 1.1.3 These GTC are based on the framework provisions of the postal market act (Postmarktgesetz, BGBl I 2009/123 as amended) and are published in accordance with 20 PMG. 1.1.4 In accordance with the postal market act (PMG) as amended, postal services relating to postal items up to 2 kg when handed over to the legally defined access points (see section 2) are part of the universal service. For such postal services, unless specifically agreed otherwise, these GTC apply exclusively. 1.2 Contractual relationship 1.2.1 The contractual relationship between the sender and Austrian Post is concluded when the mail item comes into the custody of Austrian Post (disposal or posting). 1.2.2 If a mail item is not in accordance with the provisions of these GTC, especially section 1.5.1, Austrian Post has the right to: refuse to accept the mail item for delivery or to consider a mail item already handed over as undeliverable and thus to sell the mail item by auction after a period of six months (section 3.8), unless section 1.5.4 applies; to return an item already handed over for posting at any stage of the transport. 1.3 Services of Austrian Post Austrian Post transports mail items addressed in accordance with these GTC that weigh up to 2 kg and that meet the dispatch terms and product specifications of the PPI. The mail items handed over for posting are delivered in accordance with section 3. 1.4 Items excluded from transport Austrian Post is not obligated to check whether items are fit for delivery; however, if an item is suspected of being unfit for delivery, Austrian Post has the right to open and check the item. 1.4.1 Items excluded from transport: Letter mail items whose content, external design or transport violate legal regulations, whose infringements are prosecuted (e.g. narcotic substances act, prohibition act 1947), letter mail items which, given their content or other characteristics, are not suitable for the operation system of Austrian Post, letter mail items whose content or external design may cause damage to persons, be harmful to their health or cause material damage, live animals (except bees, leeches, silkworms, parasites and killers of harmful insects intended to control the latter and that are exchanged between officially recognised institutions, as well as flies of the genus drosophila that are used for biomedical research and that are exchanged between officially recognised institutions). 1.4.2 Transporting hazardous substances Hazardous goods and hazardous waste and harmful substances in accordance with the Waste Management Act (AWG 2002, BGBl I 102/2002 as amended) that fall within the scope of the Dangerous Goods Transportation Act (GGBG, BGBl I 145/1998) as amended are excluded from transport unless special provisions are made in the General terms and conditions for sending hazardous goods. Hazardous goods are substances, objects, preparations or waste that have at least one hazardous property of the properties listed in the provisions of the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), e.g. explosive, gaseous, flammable, oxidizing, toxic, infectious, corrosive or radioactive. 1.5 Determining and paying charges 1.5.1 The sender is obligated to pay the relevant charges for any service by Austrian Post he has used in accordance with the Products and Price Index (PPI) for Domestic Letter Mail as amended and to attach the right postage to the letter mail item. 1.5.2 Austrian Post can defer the charges following a separate agreement if this seems advisable given the amount of the charges to be paid and other circumstances. A precondition is that Austrian Post is authorised to collect the deferred charges from an account at a bank located in the SEPA region. Austrian Post reserves the right to request a bank guarantee. In the event that Austrian Post debits the charges under the SEPA direct debit scheme (SEPA CORE) 3

or the SEPA business-to-business direct debit scheme (SEPA B2B) from the account indicated by the customer, Austrian Post shall pre-notify the customer no later than one day prior to the debiting of the account. Letter mail items whose postage charges have been deferred must bear the postage paid impression according to the PPI section 1.3.3. 1.5.3 No postage has to be paid for delivered letter mail items that are returned to Austrian Post unopened to be returned to the sender (e.g. subsequent refusal to accept). Postage must be paid in accordance with the PPI section 1.3 for letter mail items that were originally delivered by a different delivery organisation and are only passed on to Austrian Post to be returned to the sender. 1.5.4 Mail items without sufficient franking or none at all are returned to the sender. 1.5.5 Reimbursement of charges If the sender believes that he has paid too much in charges, the sender will be reimbursed the amount that was excessively paid, provided that he makes it known to Austrian Post within a period of twelve months (out-of-court) that he has paid too much; the sender is only entitled to the difference. Charges paid in stamps will only be reimbursed in the form of stamps. The reimbursement of charges paid in franking marks is based on the GTC (as amended) for sender franking machines. 1.6 Information about letter mail items Austrian Post, unless legally expressly specified otherwise, gives information about letter mail items to the sender or recipient only, if the inquiring party establishes their entitlement and provides information about the main characteristics of the letter mail item. An investigation into the delivery of letter mail items is only possible for registered letter mail items within 6 months from the day following the posting of the letter mail item. More information and details are available from Austrian Post customer service on 0810 010 100, which can be called from any Austria landline and mobile phone for no more than 10 cents per minute. to the customer are the property of Austrian Post; inappropriate use (e.g. intermediate transport to third parties and/or passing them on, company internal transports/use, storage of materials, etc.) is always prohibited. Customers use these resources at their own risk. The customer is obligated to inform employees and third parties, in particular natural and legal persons, who use these transport resources of their correct use and the requirement to comply with the provisions of the instruction manual and/or operating instructions. Transport resources must not be stockpiled for more than one week s usage. In the case of damage or loss Austrian Post has the right to claim damages. 2 Posting Letter mail items can be posted by dropping them into letterboxes or Austrian Post dispatch boxes, at postal branches or at rural postal carriers or the mobile post offices where this service is offered. The sender is not entitled for his instructions to be observed once an item has been posted. 3 Handover The letter items are handed over either through delivery (section 3.4) or per pick-up (section 3.5). 3.1 Recipients 3.1.1 The recipient of a letter mail item is the (natural or legal) person mentioned in the address. 3.1.2 Letter mail items whose address does not contain a natural person are handed over to a person who by law, by general power of attorney, by holders of postal power of attorney or by the rules of the establishment is entitled to receive the mail item. The person entitled to receive mail items by law must in case of doubt prove this entitlement to Austrian Post. 3.1.3 Registered letter mail items addressed to deceased persons will be treated as undeliverable provided they cannot be handed over to a person with postal authority or power of attorney. Non-registered letter mail items are handed over to a legally competent family member who lived with the deceased person in the same household until their death. 1.7 Transport resources / compensation All transport resources of Austrian Post (letter containers, roll containers, etc.) that are made available 4

3.2 Persons authorised to accept letter mail items 3.2.1 If the recipient is a lawyer or notary whose firm is run by a representative or substitute, letter mail items for the recipient are handed over to the representative or substitute. 3.2.2 By rules of an establishment If the recipient is subject to the rules of an establishment, then the letter item will be handed over to a person who is authorised given the agreement between the head of the establishment and the delivery centre on behalf of the members of the establishment. If the head of the establishment refuses to enter into such an agreement with the delivery centre, then letter items to recipients subject to rules of an establishment are treated in accordance with the other provisions of the GTC. 3.2.3 By postal authority or power of attorney If the recipient has granted postal authority, the letter mail items can also be handed over instead of to the recipient to a person/persons entitled to receive the letter mail items according to the postal authority. If there is power of attorney, which was certified by a court or a notary, the letter mail items will be handed over to the authorised person in accordance with the scope of the power of attorney. 3.3 Confirming acceptance 3.3.1 If the handover to a person must be confirmed, then this must take place by including date and signature. 3.3.2 If the letter item is handed over to another person instead of to the recipient, this person must include with the signature a note that clearly indicates his entitlement to accept the item. 3.4 Handing over through delivery 3.4.1 The letter mail items are delivered to the delivery point specified on the item. 3.4.2 The items are placed in a designated place (e.g. letterbox, letterboxes in residential buildings, letterboxes in rural areas, P.O. box, postal reception box). If it is not possible to make a delivery to such a facility, if reaching the recipient involves unreasonable difficulties or is dangerous for the delivery person then this item will be kept for the recipient until the end of the pick-up period at the notification station. 3.4.3 Absence Persons can announce their absence from the delivery point (absence) in person at an Austrian Post branch, via the online services of Austrian Post or by letter (personally signed and addressed to Austrian Post customer service, Haidingergasse 1, 1030 Vienna) whereby we recommend posting it as a registered item. Setting up an absence notification takes three working days (except Saturday). After this, letters from public authorities (RSa and RSb letters) are sent to the sender with the comment ortsabwesend (absent). If the notification is not done in the way described or not done in time, then observing the absence cannot be ensured. 3.4.4 If the address contains the names of several persons as recipients, then Austrian Post can hand over these letter mail items to one of the persons indicated. If several persons request that the same letter mail item is delivered to them, then the item is returned to the sender with a comment to that effect if it is not possible to easily determine the authorised recipient. 3.4.5 Replacement delivery The delivery of a letter mail item without or with value indication of up to 1,500 euros (replacement delivery limit) is correct if this letter mail item is handed over, subject to the conditions described below, instead of to the recipient, the person entitled to accept it, to another person, at the delivery point of the recipient or the person entitled to accept it (replacement recipient). Such a replacement is permissible if this is the only way to correctly deliver the item and the recipient has not objected in writing beforehand. Letter mail items excluded from replacement delivery are those to be handed to the recipient personally (personal delivery) or whose indicated value is above the replacement delivery limit, as well as letter mail items that have arrived in a damaged state. This does not apply to damaged letter mail items that on request of the sender or the recipient are delivered after the damage has been assessed. In as far as the replacement delivery is permissible, letter mail items are only delivered to a legally competent person willing to accept it and who is present at the same delivery point as the recipient or is an employee or the employer of the recipient. If the delivery centre was informed by the recipient of a specific person as a replacement recipient, only this person can be the replacement recipient. The competent Austrian Post branch has the right to demand notification of such persons if this facilitates correct replacement delivery. 5

3.4.6 The delivery centre has the right to request from the authorised person at the delivery point (owner, caretaker, operator etc.) the names of one or more replacement recipients for letter mail items in the case of recipients in shared accommodation (halls of residence, accommodation establishments etc.), on campsites or other delivery points at which delivery is not possible without significantly obstructing normal work processes. The scope of the authorisation to receive mail items may be limited to non-registered letter mail items. The replacement recipient can also be sent notifications about letter mail items that cannot be delivered to the delivery point. If no replacement recipient is named or the recipient objects to the replacement delivery, then the competent delivery centre has the right to treat incoming letter mail items that cannot be delivered correctly in another way as undeliverable. 3.4.7 Handover at the Austrian Post receiving box Letter mail items that cannot be handed over to the recipient, the person authorised to accept it or to a replacement recipient or that cannot be placed in the delivery device due to their size or volume may be placed in an Austrian Post receiving box. The recipient will be notified accordingly, and the notification will be placed in his delivery device. This notification contains a code that allows him to unblock the Austrian Post receiving box to remove the mail item. If the mail item is not removed within 14 calendar days, then it is returned to the sender if the sender is known. 3.5 Pick up from an Austrian Post branch 3.5.1 Regarding letter mail items that could not be delivered and not placed in an Austrian Post receiving box a notification will be left in the designated facility at the delivery point. These items the customer has been notified of will be retained for pick-up for at least 14 calendar days following the day of notification in the place specified by Austrian Post on the notification. The mail item can be picked up no earlier than on the working day (except Saturday) following the notification. Any letter mail items that are stored at the place specified in the notification after expiry of the collection deadline will be considered undeliverable. 3.5.2 The letter mail items will be handed over at the place mentioned in the notification to the person presenting the notification and asking for the handover of the letter mail item. In cases of doubt, an official photo ID must be produced. 3.5.3 If a valid P.O. box contract is in place, letter mail items are kept for pick-up. If a holiday box contract is in place, there is a choice between pick-up and delivery. 3.6 Refusing acceptance 3.6.1 The recipient can refuse to accept a letter mail item without having to provide a reason (refusing acceptance). The acceptance of a letter mail item is considered refused if the recipient refuses to confirm the acceptance of a letter mail item whose acceptance requires confirmation or refuses to pay the required fees and charges. On request, the recipient is provided with information about the main features of the letter mail item and the mail item is treated as undeliverable. 3.6.2 The refusal to accept cannot be declared in advance and not for specific types of mail items, but only for each individual letter mail item. 3.6.3 The recipient has the right to refuse to accept a letter mail item subsequently if the mail item was not handed over to him personally. The letter mail item must be handed over to the delivery person or to an Austrian Post branch without delay and unopened with a comment referring to the refusal to accept. Any fees and charges paid when the item was posted will be reimbursed. 3.7 Undeliverable letter mail items 3.7.1 Letter mail items are undeliverable if they cannot be delivered to the recipient, the person authorised to accept the item or the replacement recipient and if the item has not been redirected. 3.7.2 Undeliverable letter mail items will be returned to the sender if the letter mail item contains a sender address or the sender can be determined through Austrian Post opening the letter mail item. 3.7.3 Letter mail items that are excluded from delivery and that can injure persons, harm their health or cause material damage as a result of the return are not returned. In the latter case the sender, if specified, will be informed that the item cannot be delivered and he will be told where the mail item can be picked up from for a period of six months. 6

3.7.4 Letter mail items are in particular considered undeliverable, if the recipient refuses to accept the letter mail item, does not pay the cash on delivery amount or the fees and charges that are due or refuses to confirm acceptance; the pick-up period has expired; the items are not removed from the Austrian Post receiving box; following the posting of the item it is discovered that it is excluded from transport by Austrian Post; the delivery point indicated is imprecise or incomplete; the correct recipient cannot be determined; authorization to accept the item cannot be demonstrated. 3.8 Undeliverable and unreturnable letter mail items 3.8.1 Letter mail items that can neither be handed over to the recipient nor returned to the sender are treated as undeliverable and unreturnable. After six months from the day they are determined to be undeliverable and unreturnable such letter mail items are recycled provided they have no sale value. If they do, these mail items will be auctioned. 3.8.2 The sender agrees when posting the letter mail item that undeliverable and unreturnable mail items will become the property of Austrian Post after six months. Austrian Post has the right to sell by auction the content of the mail item once transfer of ownership has taken place to cover any expenses. 3.9 Damage assessment 3.9.1 Damages noticed once the mail letter item has been posted and that prevent correct delivery will be as much as operationally feasible remedied by Austrian Post. 3.9.2 If the type of damage suggests that the content has been damaged or decreased in value, the extent of the damage will be determined in the presence of the sender or the recipient if possible. 3.9.3 The recipient can ask for a damage assessment if he notices any damage to the letter mail item when accepting it. If the damage is noticed when the item is being delivered to a replacement recipient, then the letter mail item will not be handed over to the replacement recipient and instead kept for the recipient at the place specified in the notification ready for pick-up by the recipient. 3.10 Search request 3.10.1 In the case of registered letter mail items the sender may initiate an inquiry within 6 months of the day following the posting of the item at any Austrian Post branch regarding proper handover or, in the case of cash on delivery about the proper payment or transfer of the amount to be collected. The posting confirmation must be produced and important features of the mail item (sender, recipient, amount to be collected, day of posting, place of posting, IBAN, BIC etc.) must be given. 3.10.2 The sender will be notified of the result of the inquiry in writing. If, according to the inquiry, Austrian Post has performed its services correctly, the sender, following notification of the result of the inquiry, must pay the inquiry fee in accordance with section 8.3 of the Product and Price Index Domestic Letter. 4 Liability 4.1 Austrian Post liability 4.1.1 Warranty 4.1.1.1 Austrian Post is liable to the sender due to a guarantee of loss (failure to perform), damage and delay (faulty performance), which it is responsible for. 4.1.1.2 From the title of the warranty (strict liability due to failure to perform or faulty performance) the sender is entitled to reimbursement of the charge for those items for which no service was performed or the service was faulty. 4.1.1.3 The sender must prove that he entered into a contract with Austrian Post; Austrian Post did not or not correctly fulfil the contract. 4.1.2 Compensation 4.1.2.1 Austrian Post is liable for compensation for loss (failure to perform), damage and delay (faulty performance) which it is responsible for. If the sender is entitled to compensation, then Austrian Post is liable for damages caused by it or persons legally assigned to it through loss, damage or delay only in the case of intent or gross negligence; Austrian Post is not liable for damages caused by slight negligence; this does not apply in relation to consumers isd 1 consumer protection act (KSchG) to personal damage and damage to objects that Austrian Post accepted for processing. 7

4.1.2.2 The sender must prove that he has entered into a contract with Austrian Post; Austrian Post did not or not properly fulfil the contract; damage of a certain amount has occurred; the damage is due to Austrian Post not having properly fulfilled the contract. 4.1.3 Common regulations for guarantee and compensation for damages. 4.1.3.1 A delay giving rise to a claim exists if letter mail items are delivered to the delivery point of the recipient or are kept at the notification place for pick-up later than four working days (except Saturday) from the day of posting. This period doubles if the delay is due to a significant increase of postal traffic (e.g. before Christmas). This period is extended through all circumstances beyond the parties control, such as cases of force majeure, unforeseeable operational disruptions, regulatory interventions and labour disputes by the duration of the obstruction. 4.1.3.2 A damage giving rise to a claim exists if the letter mail items are, as a result of the damage, unusable, illegible, etc. and/or the content of the letter mail items get damaged. Damages that occur in the course of correct and normal transportation, correct and normal processing and/or loading, do not give rise to a claim. Similarly, damage to the cover or packaging (e.g. envelope) does not give rise to a legitimate claim. 4.1.4 The amount of damages to be paid by Austrian Post is at the most: in the case of a letter mail item with indication of declared value, the value or the interest indicated; in the case of a letter mail item without indication of value, 75 euros; If the value or the interest of an item exceeds 75 euros then a letter mail item with value indication should be sent (see PPI section 7.3). 4.1.5 Liability of Austrian Post exceeding the value indication or the maximum value of 75 euros, in particular loss of profit, damage caused by default, financial loss, consequential damage, unrealised savings, loss of interest and third party claims against the sender, is excluded. 4.1.6 It is for the sender to select a form of posting which, in consideration of the scope of services of Austrian Post (see PPI), covers any possible damage due to loss or damage. 4.2 Liability exclusion Liability by Austrian Post is excluded in particular if the damage is due to unsuitable packaging and/ or mode of transport given the natural properties of the transported item; the content of the letter mail item is subject to one of the prohibitions listed under section 1.4 and if it has been confiscated or destroyed by a public authority. 4.3 Special provisions for entrepreneurs (as defined in the Austrian commercial code) In addition to the general terms and conditions further conditions mentioned below apply to entrepreneurs (as defined in the Austrian commercial code). 4.3.1 Obligation to give notice of a fault The sender is entitled to guarantee claims and claims for damages only if defects and delays are objected to in writing within one week following the delivery of the letter mail item. Over and above the obligation to notify of a fault mentioned in the previous section, obvious damages or partial losses must be objected to in writing on the working day (except Saturday) following the delivery of the mail item. If no damage is reported within this period, all guarantee claims and claims for damages expire. 4.3.2 Liability In addition to the requirements set out in section 4.1.2.2 the sender must prove wilful intent or gross negligence on the part of Austrian Post. The sender must assert by judicial process any claims for damages against Austrian Post within six months of knowledge of the damage and the damaging party. This period does not include the period between the beginning and termination of any proceedings before the postal bureau, up to a maximum duration of three months. If the damage and the damaging party are unknown, the general period for asserting a claim is three years, starting from the date the contract was concluded with Austrian Post. 4.4 Liability of Austrian Post for cash on delivery service 4.4.1 Unless agreed otherwise in the following (in section 4.4) the provisions already detailed for the cash on delivery service apply by extension. 8

4.4.2 If Austrian Post performs a cash on delivery service by way of derogation from these GTC, the customer has the right to assert guarantee claims in accordance with section 4.4.3 or compensation claims in accordance with section 4.4.4. 4.4.3 Guarantee If Austrian Post does not transfer the amount collected to the recipient named by the sender or if the amount to be collected is not collected when the item is delivered the sender can request Austrian Post to pay the amount collected or the amount that should have been collected. Consumers must assert this right within 2 years and entrepreneurs (as defined in the Austrian commercial code) within 6 months by judicial process; the period starts the day after the amount is collected or the item is handed over. 4.4.4 Damages If Austrian Post does not transfer the amount collected to the recipient named by the sender or if the amount to be collected is not collected when the item is delivered, the sender can request Austrian Post to pay the amount collected or the amount that should have been collected. Austrian Post is liable to the customer for damages caused by it or persons legally assigned to it only in the case of intent or gross negligence. Austrian Post is not liable for damages caused by slight negligence; this does not apply to consumers as defined in the Austrian commercial code for personal injury. Austrian Post is not liable for damages above and beyond this, in particular for loss of profit, damages caused by default, financial loss, consequential damages, unrealised savings, loss of interest and damages resulting from third party claims against the sender unless mandatory provisions of law stipulate otherwise. 4.5 Liability of the sender amounts that Austrian Post has legitimately paid for the sender in connection with the correct transport of this mail item. The twelve month limitation period will be interrupted if Austrian Post asserts a claim out of court against the sender for the unpaid charges or the above amounts within the limitation period. 4.5.3 In order to secure any claims for amounts owed to Austrian Post in connection with the proper transport of a mail item, Austrian Post shall be entitled to retain mail items and sell these by public auction after a period of twelve months if the sender and the recipient refuse to pay the charges or expenses incumbent on the mail item. 4.6 Legal recourse and jurisdiction 4.6.1 Cases of dispute or complaint of Austrian Post that could not be solved to the satisfaction of the customer can be submitted to the postal bureau, who must find an amicable solution or present the parties with its opinion on the case in question ( 53 PMG). 4.6.2 In case of legal disputes arising from a contractual relationship entered into based on these GTC, the competent court of the capital of the Federal State (in Vienna: 1030 Vienna) in which the mail item was taken to be posted has jurisdiction. 4.6.3 In the case of complaints against consumers whose permanent or usual place of residence is Austria or who are employed in Austria, the place of jurisdiction shall be the court competent to rule on the subject matter for the permanent or usual place of residence or the place of employment. 4.6.4 Any disputes arising from and in connection with these GTC shall be subject to Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and conflict of law regulations. 4.5.1 The sender of a letter mail item is liable to Austrian Post for any damage to persons and objects that are incurred as a result of the shipment of prohibited objects or due to the non-observance of these GTC. The acceptance of such a mail item by Austrian Post does not relieve the sender from his liability, unless the defect was obvious when the item was accepted. The sender indemnifies and holds harmless Austrian Post with regard to third part payment claims in connection with the proper transport of this mail item for the sender. 4.5.2 The sender shall be liable for a period of twelve months starting on the day the letter mail item was posted for any charges not paid and for any 9

Österreichische Post AG/Austrian Post Austrian Post costumer service Business-Hotline: 0800 212 212 Privat custumers: 0810 010 100 (max. 10 ct/minuten anywhere in Austria ) www.post.at/kundenservice Company Headquarters Letter Division, advertising mail & branches Haidingergasse 1, 1030 Wien www.post.at www.post.at/geschaeftlich Legal form: public company Based in the political municipality of Vienna FN 180219d of the commercial court Vienna Misprints and typographical errors excepted