These Conditions of Carriage apply to the carriage of persons and baggage including all related services performed by Hapag-Lloyd Express GmbH, Benckendorffstraße 22B, 30855 Langenhagen, and/or its agents and subcontractors (collectively called 'TUIfly').
TUIfly shall be entitled to transfer carriage in whole or in part to a subcontractor provided its safety standards are at least equal to those of TUIfly and the carriage is operated by a company of the like quality. TUIfly may change aircraft and flight number. TUIfly shall inform the passenger of the identity of the operating carrier.
These Conditions of Carriage also apply to carriage free of charge except when expressly stated otherwise.
Bookings can be made via internet, telephone, travel agencies (in Germany and almost all countries of destination) or at the airport desk.
Bookings can be made up to 2 hours prior to departure. Later bookings can only be made at the airport desk.
Passengers will not receive a paper-ticket. After booking a flight the passenger will be given a confirmation number and, upon request, a booking confirmation. It is recommended to present the booking confirmation at check-in.
When a booking is made for several passengers in one booking application the applicant is responsible for the correct and immediate information of all passengers booked by him. The applicant is liable for any damage to TUIfly resulting out of or in connection with the incorrect or late information of the passengers booked by him.
Bookings are only valid for the booked flight and person. Change of name at the airport is only accepted upon presentation of a certificate issued by the competent authority proving a change of name between booking and departure. Name change before departure are possible in accordance with the clause 6 our legal terms only.
TUIfly is not liable for carriage or reimbursement if the confirmation number and a valid passport or ID card are produced at the airport desk by a non-entitled person, if carriage or reimbursement are made in good faith.
All fares confirmed in the booking are valid only for the confirmed time and place of departure and destination for the person named in the booking confirmation.
Full payment is due when booking is completed. Instalment payments are not accepted.
In certain countries taxes or other charges may be levied by governmental or airport authorities directly from the passenger which are not included in the fare and thus have to be paid separately by the passenger.
Irrespective of the above, please note that all fares quoted for internet bookings are exclusive of taxes and duties. The total price is shown at Step 3 of the booking process.
If you would like to pay with credit card or debit card, then we will charge a fee for its use that amounts to EUR 6 (GBP 4 / SEK 60) for international flights / € 7.14 for domestic flights within Germany per booking.
In case of non- or late payment TUIfly is entitled to charge interest of at least the legal interest rate as well as a fee for claiming the damage caused by late payment of EUR 5.50, notwithstanding any additional damage of TUIfly resulting from non- or late payment. In case of a charge back (if the amount charged by TUIfly from passenger`s bank or credit card company is charged back in full or in part or is claimed otherwise) a charge back fee of EUR 10 / GBP 6 / SEK 95 / USD 13 booking is due and payable, if the passenger is not in the position to verify, that there is not a marginal or no claim originated for TUIfly.
Incoming payments will first be offset against the oldest debt. Payment which is not sufficient to cover the entire debt will first be offset against the costs, then against the interest and finally against the principal debt.
Seat reservations can be made online with booking or after booking by telephone with TUIfly Service Center latest 48 hours before scheduled flight, subject to payment of a non refundable fee of EUR 9 / GBP 6.50 / SEK 85 / USD 13.50. Customers who book with a TUI Card/Flex-Rate can reserve a seat free of charge.
Seat reservation for XL seat/emergency exit is available subject to payment of a fee of EUR 25/ GBP 19/ SEK 235/ USD 37. Please note, that this service is not offered on all flights.
• infants and children under the age of 12.
• persons carrying animals in the cabin,
• expectant mothers,
• physically or mentally disabled passengers,
• passengers with reduced mobility (e.g. due to body measurements, illnes or old age).
By making reservation(s) for XL seat/emergency exit you confirm that none of these criteria apply to your reservation(s). If not, we may assign another seat without reimbursement of the reservation fee. In cases of doubt this is the decision of the TUIfly crew.
TUIfly recommends that all passengers appear for check-in 2 hours prior to the scheduled departure time.
Check-in desks close 30 minutes prior to scheduled time of departure, thereafter a check-in is not possible due to the close down of the check-in system. Passengers must appear at the check-in desk in due time so that they are checked-in and in the possession of a boarding card latest 30 minutes prior to the scheduled time of departure. If a passenger does not meet the check-in deadline indicated and/or presents incomplete travel documents, TUIfly reserves the right to deny carriage and the passenger remains obliged to pay the fare.
This also applies for internet-check in if a passenger does not meet the deadline indicated on the internet-boarding pass, presenting the internet boarding pass and allowed hand baggage at the boarding gate.
For check-in the confirmation number and a valid photo ID (passport, identity card) are required. The presentation of the booking confirmation is recommended. Also children are required to present a valid passport or ID or entry of child in legal guardian`s passport or ID, who is travelling with the child. For international flights a valid passport or ID and any visa or additional documents required by/ for the country of destination are necessary. This also applies for infants and children. Without these documents TUIfly reserves the right to refuse transportation. The passenger is responsible to carry with him all necessary documents for the travel to and from the country of destination.
The passenger is responsible to carry with him all documents mentioned in this Clause 5 also in case of internet-check in.
Subject to payment of a fee of EUR 25.00 / GBP 15,00 / SEK 230,00 / USD 32,00 for international flights / EUR 29,75 for domestic flights per route and passenger, all flight bookings can be changed for the booked passenger and also for a different passenger within the current flight period up to 2 hours prior to the scheduled departure time at the TUIfly-Service Center during the Service Center opening hours. In both cases, (booking for another flight for the same passenger or booking of the same flight for a different passenger) the passenger will be required to pay the price difference if the fare at the time of the new booking is higher thant the original fare (difference to actual fare at time of new booking is payable). No refunds are made if the new fare is lower than the original fare. All fares quoted for internet bookings are exclusive of taxes and duties. The total price is shown at Stage 3 of the booking process.
TUIfly reserves the right to deny carriage and the passenger remains obliged to pay the fare if he fails to appear at the check-in desk, presenting all required valid documents, in such good time that he can be checked-in and in possession of a boarding card no later than 30 minutes prior to the scheduled departure time. This also applies if the passenger has notified TUIfly in advance that he will not appear for the flight, notwithstanding the passenger’s right to prove that the damage suffered by TUIfly resulting from the passenger’s non-appearance for the flight was less. Changes of reservations from domestic to international flight routes and vice versa are not possible.
(1) The passenger is allowed checked baggage with a maximum weight of 20 kg and one piece of hand baggage up to 5 kg (max. measurements 45cm x 35cm x 20cm) free of charge. The weight of one piece of baggage must not exceed 30 kg. Infants less than 2 years of age travelling at a reduced fare (Section 11) are not entitled to a personal baggage allowance (neither hand baggage nor checked baggage). For flights from 25.03.2007 infants less than 2 years of age travelling at a reduced fare (Section 11) are entitled to a personal baggage allowance (hand baggage and checked baggage) according to sentences 1,2 above.
(2) The baggage tag proves weight and number of checked baggage. Checked baggage must be identifiable (i.e. must show the passenger's name). A violation of the aforesaid can cause exclusion of liability.
(3) TUIfly reserves the right to refuse carriage if baggage is not packaged/wrapped properly so that safe transportation is secured.
(4) It is not permitted to carry in the checked baggage fragile or perishable objects, objects of great value such as money, jewellery, precious metals, computers, cameras, mobile phones or other electronic equipment, stock and shares, stock-exchange securities as well as other valuables or commercial papers, samples, identification documents, house or car car keys, medicines or medical items as glasses, hearing aids. TUIfly may refuse carriage of these objects as checked baggage.
(5) For hand baggage and checked baggage and for carriage of wheel chairs, prams and pushchairs Regulation (EC) No. 1546/2006 / Regulation (EC) No. 622/2003 apply (for prohibited/restricted baggage see Sec. 17 below).
(6) Special medical baggage for your holiday requirements can be carried in the cabin and in the hold. The following maximum dimensions apply to cabin baggage: L45cm x W35cm x H20cm). Passengers must always give us advance notification of such baggage, unless the item is carried on your person (e.g. crutches). The medical baggage must be packed separately and shown at the check-in desk, where it will be examined. Passengers carrying medical baggage must have a doctor’s certificate, which must be shown on request. The following kinds of special medical baggage are carried free of charge:
- respirators, asthma devices, inhalers
- oxygen for the passenger’s own use
- catheters
- dressings, bandages
- walking aids (crutches, rollator,…)
- Wheelchairs incl. accessories (subject to any restrictions which may apply from time to time)
- Personal hygiene articles (diapers,…), stoma
- Shower/WC seat, ramp for wheelchair users
- Artificial limbs
- Doctor’s emergency bag
- Dialysis device, defibrillator, lymph draining device, EMS device
- Aspirators, irrigators
All other medical aids & appliances (such as medication, injections, foodstuffs, personal care products, linen) can be carried subject to payment of the currently valid excess baggage charge if the passenger exceeds the free baggage allowance.
(7) Baggage will be carried on the same aircraft as the passenger except in cases were TUIfly is of the opinion that such carriage would not be practicable; in such case TUIfly will carry the baggage on one of its next flights.
(8) Checked baggage will be delivered at the destination airport specified on the baggage tag. Passenger must keep baggage tags until he has taken delivery of the baggage. Delivery of the baggage shall be taken by passenger as soon as it is ready for delivery at the airport of destination or at the airport where the flight is interrupted.
(9) TUIfly does not provide shuttle services for baggage to or from the airport. TUIfly does not accept any responsibility for shuttle services of third parties.
Carriage of excess and special/oversized baggage (i.e. baggage in excess of baggage allowance, - in weight and/or measurements -, as well as e.g. sports equipment, animals and weapons) is subject to additional rates; golf and diving equipment up to 30 kg is free of charge. Payment of all such additional rates must be effected prior to departure otherwise the passenger has no right of carriage of this baggage.
Please Note: For flights with other airlines acc. to Section 1 para. 2 different regulations for the carriage of excess and special/oversized baggage may apply. Please confirm prior to your booking with your travel agency/our TUIfly-Servicecenter. For these flights only those regulations confirmed by your travel agency/our TUIfly-Servicecenter apply.
The passenger has to apply in advance, with TUIfly reconfirmation, for carriage of any special baggage or baggage in excess of 50 kg and the transportation of animals, and also guide dogs, via the TUIfly-Servicecenter for safety regulations and limitation of aircraft's hold capacity for excess checked baggage.
The weight of one piece of baggage must not exceed 30 kg.
Checked baggage in excess of 20 kg is charged at a rate of EUR 7,00 / GBP 5,00 / SEK 65,00 per kilo per flight segment.
Golf bags, diving gear (please note: scuba tanks must be completely empty), ski and snowboarding baggage are carried free of charge up to a maximum weight of 30 kilos; these items must be pre-booked with our Service Centre or at our website.
Small pieces of sports baggage (up to a weight of 10 kilos) can be taken free of charge within the free baggage allowance. If your sports baggage is heavier than 10 kilos, you can pre-book one of our excess baggage vouchers (see previous item); otherwise, excess baggage charges are payable at check-in.
Larger items of sports equipment such as sailboards, surfboards, bicycles, canoes, kayaks and the like, up to a maximum weight of 30 kilos, are carried for an administration fee (per item, per flight segment) of EUR 25.00 (GBP 15.00 / SEK 230.00) on international flights and EUR 29.75 on domestic (German) flights. Sports baggage weighing more than 30 kilos is charged at the excess baggage rate of EUR 7.00 / GBP 5.00 / SEK 65.00.
For larger items of sports equipment you are, owing to limited hold space, required to pre-book by telephone with our Service Centre and to pay in advance, otherwise these items may be refused carriage at the airport. When booking your flight on the Internet, you can additionally pre-book your sports baggage under “Additional services – Yes, I require additional services”. It is essential that sporting firearms are pre-booked with our Service Centre, stating exact details: make, manufacturer, type, calibre and ammunition. Passengers are responsible for complying with import and export regulations on the carrying of weapons. The carriage of sporting weapons is limited and subject to the prior approval of the Pilot in Command. They are only accepted for transportation in compliance with the directives of the Pilot in Command and after payment of an non-reimbursable administration fee of EUR 25,00 / GBP 15,00 / SEK 230,00 / USD 32,00 for international flights / EUR 29,75 for domestic flights per weapon per flight segment. The carriage of sporting weapons can be refused without giving reasons. Ammunition that is taken along must be packed securely and separately from the weapon.
Passengers wishing to take bicycles must ensure they are suitably packed. Additionally, the handlebars must be turned inwards, the pedals removed and the air let out of the tyres. The bicycle must be wrapped in a protective layer such as plastic foil or cardboard. TUIfly shall accept no liability for any damage incurred in transit. Passengers must, when checking in, sign a “Limited Release” sticker that exempts TUIfly from liability.
Life jackets with CO2 cartridges must be pre-booked by calling the TUIfly Service Centre. Provided they do not exceed the free baggage allowance, passengers may take these items with them free of charge. Life jackets and cartridges are carried only in checked luggage.
Those taking diving equipment must ensure that scuba tanks are fully emptied; these need to be pre-booked as sports baggage. Diving lights must be pre-booked by calling the TUIfly Service Centre, and must be carried in hand baggage (maximum weight 5 kilos).
Carriage of excess/special baggage is subject to available capacity and safety regulations. For these reasons carriage of this baggage can be limited or refused. The following applies:
a) All baggage must be packaged appropriately and adequately for air transport, sufficiently protected against damage from within and without of the baggage. TUIfly does not accept responsibility for damages resulting from insufficient packaging;
b) bicycles must be packaged as under a), additionally the wheels of the bicycles have to be turned parallel to the frame, pedals have to be removed and tires have to be inflated. Oxygen cylinders have to be emptied completely.
TUIfly reserves the right to refuse carriage of baggage not sufficiently packaged.
For the safety of expectant mothers TUIfly defines the following rules:
TUIfly will carry expectant mothers up to 36th week of pregnancy (this also applies for the return flight). TUIfly may request doctor`s certificate. It is at expectant mother`s own risk whether her pregnancy allows flight transportation, we recommend prior doctor`s consultation.
If the expectant mother has booked a return flight she has to comply with these rules at the time of the return flight.
(1) Carriage of one wheelchair per disabled person free of charge is allowed and has to be applied for when the booking is made. Due to safety reasons the number of wheelchairs per flight is limited. Wheelchairs must be collapsible. Motorized wheelchairs are only permitted when powered by a dry battery. The wheelchair and accessory must not exceed 30 kg.
(2) TUIfly is permitted to carry 1 visually handicapped passenger together with his/her guide dog in the cabin. The transportation of the guide dog is free of charge. The provisions of Section 12, para. 4 are applicable, due the strict legal regulations for the transportation of guide dogs to the UK, Ireland and Sweden.
3) Due to safety reasons and limited capacity the transportation of a wheelchair or a guide dog is subject to prior notification and reconfirmation via the TUIfly-Servicecenter. Transportation is only accepted in case of prior reconfirmation.
(4) Persons accompanying the disabled person are required to pay the full price, there is no right of free transportation.
For safety reasons, newborn infants up to the age of 7 days will not be accepted for carriage.
Infants (children under the age of 2) may travel for a reduced fare of only EUR 10.00 per flight segment on international flights (GBP 6.00 / SEK 95.00) and EUR 11.90 on domestic (German) flights, subject to the following terms:
TUIfly must be notified in advance that you are flying with an infant. Numbers are restricted to 10 % of the seats on a given flight. We go by the child’s age at the time of travel; where both outward and return flights are booked, we go by the child’s age at the start of the return flight. Infants must travel on the lap of their parent or legal guardian.
Infants are not entitled to their own seat or to a free baggage allowance (for either hand or checked baggage) unless a seat has been booked for them at a non-reduced fare. Infants less than 2 years of age travelling at a reduced fare (Section 11) are entitled to a personal baggage allowance (hand baggage and checked baggage) as described in Section 7 (1) clause 1-4.
Only one infant is allowed per adult.
Children aged 2 to 6 receive a 50 % reduction on the net fare. Children aged 7 and over are no longer eligible for a reduction.
Up to their 12th birthday, children/adolescents will only be carried if accompanied by a person aged at least 16 who assumes responsibility for them. As from their 12th birthday and until they reach the age of 16, children/adolescents will be carried without an accompanying person only on submission of a written declaration of consent signed by a parent or guardian.
For children aged between 5 an 12, who are travelling alone, we offer an escort service. This one costs EUR 25,00 for international flights / EUR 29,75 for domestic flights / GBP 15,00 / SEK 230,00 per child and route over and above the fare. Please note that for the the escort service you must book your child as “Adult” and after booking confirm the escort service via telephone with our Servicecenter.
In all cases the relevant age is the age at the time of the flight.
Some countries may require a filled-in form of authorization of the legal guardian to leave their home country for children and teenagers under the age of 18 years. It is the passenger`s responsibility to present these documents.
Except for escort service to be paid for above TUIfly does not offer attendance for travelling minors. TUIfly does not assume any responsibility for unattended travel or insufficient attendance.
TUIfly carries one dog or cat per passenger for a non-reimbursable administration fee of EUR 25,00 for international flights / EUR 29,75 for domestic flights / GBP 15,00 / SEK 230,00 per animal per one-way flight in the cabin and EUR 30.00 for international flights and domestic flights animal per one-way flight in the hold, if the carriage of the animal has been applied for with the booking, notifying the weight of the animal, and the transportation of the animal has be reconfirmed. The passenger has to provide a proper and secure travel container for the animal. The total number of animals per flight is limited, therefor application and confirmation is required. Passenger is required to provide: for carriage in the cabin an adequate flexible waterproof animal travel bag, for carriage in the hold an adequate stable animal transportation container. Any animal transportation bag/container must sufficiently protect the animal against inner and outer damages of air transport. TUIfly does not assume any responsibility for damages resulting from insufficient animal transport bag/container.
Guide dogs will be carried free of charge in the cabin, Section 10 (2) and (3) applies.
TUIfly does not accept liability for any injury of the animal due to air carriage. The acceptance of the animal for air transportation is subject to the passenger taking over the full responsibility for the animal. The passenger is responsible for all documents required for the animal to enter the country of destination.
On flights to and from the UK, Ireland and Sweden, we are unable to carry any animals - also including guide dogs - due to the strict legal regulations.
TUIfly reserves the right to finally decide whether or not and how an animal will be carried. Any transportation of animals is subject to prior notification and reconfirmation via TUIfly-Servicecenter.
All TUIfly flights are non-smoking flights.
(1) TUIfly shall only be responsible for damages occurring in the period during which the baggage of is in the charge TUIfly, if the passenger has a valid contract of carriage for this flight.
(2) Liability for loss of, delay of or damage to baggage is limited according to Sections 15/23(3) of these Conditions of Carriage. TUIfly recommends obtaining additional baggage insurance.
(3) In case the baggage tag does not indicate the weight of the checked baggage it is deemed that the weight does not exceed the free baggage allowance.
(4) TUIfly is not responsible for damages caused by the baggage of a passenger. If objects from passenger's baggage cause damage to baggage of other passengers or to the property of TUIfly, the owner of the baggage is liable for the damage occured.
(5) TUIfly's liability is in any case limited to proven damages. In case of contributory negligence on the part of the passenger damage reimbursement by TUIfly will be reduced accordingly. Reference is made to the Liability Section 23 of these Conditions of Carriage.
(1) The passenger must report any damage to baggage to the carrier's agent immediately by completing a damage report.
(2) Any claim in case of damage to baggage is excluded unless the person entitled to delivery notifies the carrier immediately upon discovery of the damage, at latest within seven days from the date of receipt; and in the case of delay, unless notification is effected immediately or at latest within 21 days from the date on which the baggage has been made available. Every complaint must be made in writing and delivered or sent within the mentioned time limits.
(3) Receipt of baggage by the holder of the baggage tag without written complaint is prima facie evidence that the same has been delivered undamaged and in accordance with the contract of carriage. Suitcases and similar bags serve for the protection of their contents and must be able to withstand scratches and pressure.
(4) Loss of baggage has to be notified immediately to the agent of the carrier upon arrival. Loss will then be investigated through a worldwide search system.
(1) For safety reasons it is not allowed to use any private electronic equipment during take-off or landing. It is not permitted to use mobile phones during the entire flight. Use of other electronic equipment is subject to prior permission of the crew.
(2) The passenger is not allowed to carry:
- objects which are not travel paraphernalia, i.e. objects not required for the voyage;
- objects which can be used to endanger the aircraft, persons or objects on board, especially explosives, compressed gases, oxidizing, radioactive, corrosive, magnetic, inflammable or toxic substances as well as fluid of all kinds, i.e. all substances, materials and things which are classified in the applicable regulations on dangerous goods;
- liquids, unless in individual containers with a capacity not greater than 100 millilitres or equivalent and contained in one transparent re-sealable plastic bag of a capacity not exceeding 1 litre. The contents of the plastic bag shall fit comfortably and the bag shall be completely closed. Liquids include gels, pastes, lotions, liquid/solid mixtures and the contents of pressurised containers, e.g. toothpaste, hair gel, drinks, soups, syrups, perfume, shaving foam, aerosols and other items of similar consistency.
Exemptions may be granted if the liquid is:
- i) to be used during the trip and is either required for medical purposes or a special dietary requirement, including baby food. When requested to do the passenger shall provide proof of authenticity of the exempted liquid; or
- ii) obtained airside beyond the point where boarding passes are controlled from outlets that are subject to approved security procedures as part of the airport security programme, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase at that airport on that day; or
- iii) obtained in the security restricted area from outlets that are subject to approved security procedures as part of the airport security programme; or
- iv) obtained at another Community airport, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase at airside at that airport on that day; or
- v) obtained on board an aircraft of a Community air carrier, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase on board that aircraft on that day.
- objects which in TUIfly's opinion are not acceptable for carriage due to their weight, size or kind.
(3) The passenger is not permitted to carry or to transport in his checked or hand baggage weapons of any kind, especially no shooting or cut-and-thrust weapons or pressurized containers, which can be used for attack or defense purposes. The same applies to munitions or explosives of all kinds.
For sporting weapons the conditions for special baggage apply, (Section 8).
The passenger is required to notify TUIfly prior to boarding if he is carrying objects which might appear as weapons, munitions or explosives. TUIfly only permits carriage if it complies with the applicable regulations on dangerous goods and is transported as freight or checked baggage.
The aforesaid does not apply to security personnel who have to carry duty weapons. These persons have to hand over their weapons to the Pilot in Command during the flight (according to TUIfly special rules).
(4) TUIfly reserves the right to refuse carriage of objects as mentioned in the above paragraphs; TUIfly also reserves the right to refuse to continue the carriage if such an object is discovered during the flight.
(5) The following objects are not permitted to be carried in the cabin: toy weapons and arms (plastic or metal), catapults, cutlery, razor blades (no matter if safety or open blades), toys which can be used as a weapon, knitting needles, big sporting rackets or clubs, billiard-, snooker- or pool cues and any kinds of sharp objects or weapons. These objects, if allowed, can only be carried in the checked baggage and have to be taken out of the hand baggage prior to the flight. Same applies to nail scissors, nail files, handle combs and syringes (except in cases of proven medical indication). In all cases carriage of the above mentioned objects and substances in the cabin is not permitted.
(6) It is not permitted to carry in the checked baggage fragile or perishable objects, objects of great value such as money, jewellery, precious metals, computers, cameras, mobile phones or other electronic equipment, stock and shares, stock-exchange securities as well as other valuables or commercial papers, samples, identification and other documents, house or car keys, medicines or medical items as glasses, hearing aids etc. required by passenger.
TUIfly carries only passengers presenting at the check-in counter in due time complete and valid travel documents including the confirmation number and a valid passport or valid ID card. In case of internet-check in passenger must also present the internet boarding pass in due time at the boarding gate. Each passenger is responsible for carrying complete and valid travel documents, documents of carriage and identity papers complying with the regulations of the countries of departure and destination (including required visas, etc.); this also applies for children and infants (required entry in passport or ID of legal guardian). Same applies for additional documents necessary for air transportation to the country of destination such as doctor's certificates, certificates of inoculation etc., also for the carriage of animals. Certain countries may require a form of authorization of the legal guardian for passengers under the age of 18 years.
TUIfly may deny boarding if the passenger does not meet these requirements.
TUIfly is obliged by law to refuse carriage if the regulations for departure or entry of the country of departure or destination are not met, or if required documents are not presented.
The Pilot in Command shall at all times be entitled to take all necessary measures for safety reasons. The pilot has authority to decide with regard to passengers' seating as well as baggage' loading, allocation/placement and unloading. The pilot decides whether or not and how the flight is operated. The same applies if the behaviour or the physical or mental condition of a passenger requires extraordinary assistance on behalf of the TUIfly crew.
TUIfly may take all reasonable and required measures to terminate the consequences of the behaviour of a passenger, if the passenger prior to boarding or on board behaves in a way such that:
- the aircraft, persons or objects on board are endangered;
- the crew is hampered in performing their duties, or
- instructions of the crew are not followed, especially with regard to smoking, consuming of alcohol or drugs, or
- other passengers or crew are unreasonably burdened, injured or damage is caused.
In any of a.m. cases TUIfly is entitled to refuse carriage or onward carriage of the passenger on the respective flight and/or on all routes operated by TUIfly, if necessary and appropriate. TUIfly will prosecute such behaviour and claim damages.
TUIfly is entitled to refuse carriage or onward carriage of a passenger or his baggage if one ore more of the following occurs:
a. carriage of passenger would violate applicable law, regulations or requirements of the country of departure or destination or the country flown over;
b. carriage would impair the safety, order or health of passengers or crew or would cause an unreasonable burden;
c. the mental or physical condition of the passenger - including derogation caused by alcohol or drugs - would cause a danger or risk to the passenger himself, other passengers, crew or objects;
d. the passenger refuses a security check of himself or his baggage;
e. the passenger has not paid the valid fare, any due taxes or other charges and fees, including any such debts for previous flights;
f. the passenger does not carry all documents required for the departure/entry of the country of destination with him (Section 5), carries no valid travel documents, destroys these documents during the flight or refuses to hand over these documents to the crew against receipt;
g. the passenger presents no or an incorrect confirmation number, the booking for the presented booking number does not comply with the produced photo ID or the passenger cannot prove that he is the booked person;
h. the passenger violates security directions / instructions or domiciliary rights of TUIfly;
i. the passenger carries restricted / not allowed baggage;
j. the passenger has committed one of the above mentioned actions or omissions in the past which endangered the safety, order or health of other passengers, crew or property of TUIfly or TUIfly gave an off-limits order to the passenger;
k. a child aged between 14 and under 16 years, not accompanied by his/her legal guardians, does not present the written consent of his/her legal guardian.
Carriage by TUIfly is limited to the booked nonstop flight with TUIfly, however, connecting flights are not included. TUIfly can not provide or guarantee for reaching connecting flights. Limitation of liability according to Section 23 (1), 2nd paragraph applies. Would you nevertheless want to combine several TUIfly nonstop flights or TUIfly flights with flights of other airlines this is at your own risk. In any case we recommend to plan sufficient time in between the flights in order to comply also with unforeseen events, which might always occur in aviation.
TUIfly reserves the right to cancel a flight/booking if the performance of the booked flight would be impaired, imperilled, affected or made impossible due to force majeure such as war, riots or natural disasters not foreseen at the time of booking.
TUIfly also reserves the right to cancel a flight/booking if the performance of the booked flight would be impaired, affected or made impossible due to reasons not foreseen at the time of booking for which TUIfly is not responsible, such as adverse weather conditions, security risks, strike of air traffic control or airport personnel or governmental/administrative orders not caused by TUIfly, (such as denied landing or transit rights).
According to Regulation (EC) 261/2004 TUIfly offers, in cases of denied boarding, cancellation and long delay of flights, compensation and assistance as stipulated in the Regulation. These obligations are excluded in cases where the cancellation or delay has been caused by extraordinary circumstances such as bad weather conditions, security risks, unexpected flight safety shortcomings, strikes etc.
(1) General
Carriage of persons, baggage and freight hereunder within and without the European Community is subject to the limited liability regulations of the German Aviation Act, EEC regulation 2027/97 dated 09 October 1997 as amended by EEC regulation 889/02 ("EEC regulation 2027/97"), the Convention for the Unification of Certain Rules for International Carriage by Air dated 28 May 1999 ("Montreal Convention"), the Warsaw Convention for the Unification of Certain Rules to International Carriage by Air dated 12 October 1929 or as amended through the Hague Protocol dated 28.09.1955, whichever applies to the contract of carriage, (collectively 'Warsaw Convention'), depending on whether the carriage is a domestic or international carriage according to the definition of the Warsaw Convention. resp. the Montreal Convention.
TUIfly's liability shall not under any circumstances exceed the amount of proven damages. TUIfly is only liable for indirect or consequential damages if such damage is caused by TUIfly's gross negligence or wilful misconduct; notwithstanding the provisions of the Warsaw Convention and the Montreal Convention, which remain unaffected.
If there has been contributory negligence to the damage on the part of the passenger, TUIfly's liability shall be subject to the applicable law relating to contributory negligence in view of exclusion or reduction of the claim for damage.
TUIfly is not liable for any damage due to its compliance with any laws or governmental regulations, orders or requirements resulting from the failure of the passenger to comply with same.
With respect to errors or omissions in timetables or other publications of schedules or to statements or representations made by employees, agents or representatives of TUIfly as to the dates or times of departure or arrival or as to the operation of any flight, TUIfly shall be liable only in the event of wilful misconduct and gross negligence.
Any exclusion or limitation of liability of TUIfly shall apply to and be for the benefit of agents, servants, employees and representatives of TUIfly and third parties whose aircraft is operated by TUIfly and their respective agents, servants, employees and representatives. The aggregate amount recoverable from TUIfly and from such third parties, their agents, servants and representatives shall not in any case exceed the amount of TUIfly's limit of liability.
Unless expressly provided, nothing herein shall waive any exclusion or limitation of liability of TUIfly under the Warsaw Convention, the Montreal Convention or applicable European or national laws and regulations.
(2) Personal damages
The liability of TUIfly in respect to each passenger for death, wounding or other bodily injury is subject to the German Federal Aviation Act (Luftverkehrsgesetz) and these TUIfly Conditions of Carriage, if carriage is exclusively domestic within the Federal Republic of Germany; for international carriage as defined by the Warsaw Convention resp. the Montreal Convention it is subject to the regulations of the Warsaw Convention resp. the Montreal Convention, EEC regulation 2027/97 as well as these TUIfly Conditions of Carriage, for all other carriage it is subject to the applicable law and these TUIfly Conditions of Carriage.
In case of death, wounding or other bodily injury of a passenger, TUIfly will not invoke the limitation of liability according to Article 22 (1) of the Warsaw Convention or other national or European air law and will not avail itself of any defence under Article 20 (1) of the Warsaw Convention or other national or European law with respect to that portion of such claim which does not exceed 100,000 Special Drawing Rights (SDR). For damages exceeding 100.000 SDR's the objections of Art. 21(2) of the Montreal Convention and other objections according to European and national law and these Conditions of carriage apply
To the extent the above paragraphs do not determine otherwise, the limitations of the Warsaw Convention, the Montreal Convention or the applicable European or national law apply.
In case of accidents causing death, or bodily injury of a passenger, TUIfly will without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make an advance payment as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. In the event of death the advance payment will not be less than the equivalent in euros of 16,000 SDR per passenger. The advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of liability of TUIfly. The advance payment is not repayable, except in cases of Art. 20 of the Montreal Convention resp. where it is subsequently proven that the person who received the advance payment was not the person entitled to compensation or caused or contributed to the damage by negligence.
If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself, TUIfly shall not be liable for any personal damage (including death), provided such personal damages are attributable to such condition.
Passengers to whom carriage by air may be dangerous for one of these reasons are obliged to notify TUIfly in advance for TUIfly to check whether and under which conditions carriage may be performed without endangering passengers' health. In cases of doubt TUIfly has the right to deny carriage.
(3) Damage to baggage
The liability of TUIfly for delay, damage, destruction or loss of baggage is limited on international flights in cases the Warsaw Convention applies for checked baggage to the amount of € 27.35 per kilogram and for hand baggage to the total amount of max. € 547.00 per passenger; for domestic flights and international flights according to the Montreal Convention the liability for baggage is limited to an amount of max. 1.000 SDR's per passenger, (rounded amount in Euros).
These limitations of liability do not apply if the damage is caused intentionally or recklessly by TUIfly as defined by the Warsaw Convention resp. the Montreal Convention.
TUIfly is not liable for damage to passengers' baggage caused by objects contained in the passenger's baggage unless such damage is caused by gross negligence or wilful misconduct of TUIfly. Any passenger whose property causes damage to another passenger's baggage or to the property of TUIfly shall reimburse TUIfly for all losses and expenses incurred by TUIfly as a result thereof and shall indemnify TUIfly against any claims of the other passengers/third parties. TUIfly's liability is in any case limited to proven damages. In case of contributory negligence on the part of the passenger the damage reimbursement is reduced accordingly.
(1) Notification of damages
For notification of damaged or delayed baggage Section 15 of these Conditions of Carriage applies.
(2) Time limits for claims and actions
Any claim for damages shall be excluded if an action is not brought to court within 2 years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating this period will be determined by the law of the competent court.
Personal data (name, address, phone number, credit card details etc.) are essential for booking. The protection of the passengers´ personal data is very important to TUIfly. Data will be stored via electronic data processing and protected in compliance with the German Data Protection Act as well as additional applicable regulations on internet data protection. Additionally the TUIfly Data Protection regulations under www.TUIfly.com "Privacy Policy" apply.
TUIfly reserves the right to adjust confirmed fares in cases of implementation of a new or increase of an existing fee such as airport charges or taxes, calculated on a flight or passenger basis. The adjustment shall be passed on 1:1, based on each passenger or seat. TUIfly shall only be entitled to make adjustments if the time between booking and departure exceeds 4 months.
TUIfly also reserves the right to adjust confirmed fares due to an objectively justified, relevant and non-foreseen increase of fuel cost to an extent justified by the increase. The fare increase due to fuel cost increase is calculated according to the price difference between the fuel purchase price at the time of the booking and the fuel purchase price at the time of the claiming of the increased fare. The increased fuel costs calculated therefrom for the fuel consumption on the booked flight will be divided by the number of seats of the respective aircraft type. TUIfly shall only be entitled to make adjustments if the time between booking and departure exceeds 4 months.
In case of any fare adjustment, TUIfly will immediately, at latest 21 days prior to departure, inform the passenger. If the fare increase amounts to more than 5% the passenger is entitled to cancel the booking free of charge or to request for carriage on an equivalent flight if TUIfly is able to provide such flight from all of its flights offered for the booked fare. The passenger is obliged to assert these rights immediately upon receipt of notice of fare adjustment of TUIfly.
No agency, employee or other third party shall be entitled to alter or add to these Conditions of Carriage or to waive their applicability.