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Terms and Conditions of Carriage/Standard Terms of Business of Hapag-Lloyd Express GmbH (alternatively referred to hereinafter as TUIfly or X3)


Applicable from 15 July 2009

1.1
These Terms and Conditions of Carriage/Standard Terms of Business shall apply to the carriage of all persons and baggage, including all related services, performed by Hapag-Lloyd Express GmbH (subsequently referred to as TUIfly), Benkendorffstrasse 22B, 30855 Langenhagen, Germany, and/or its agents and subcontractors. These Terms and Conditions of Carriage shall also apply to carriage free of charge, except when expressly agreed otherwise.

1.2
These guidelines on carriage shall also apply to X3 flight-only sales and to flights sold as part of package tours in accordance with the agency agreement between Hapag-Lloyd Express GmbH and the agency concerned.

2.1
TUIfly can be contacted at the following address:

Hapag-Lloyd Express GmbH
Benkendorffstrasse 22b
30855 Langenhagen
Germany

2.2
In the following provisions, reference is frequently made to the TUIfly Service Centre. The Service Centre can be contacted daily between 7.30 a.m. and 10.30 p.m. (CET); the following telephone rates apply:

- In Germany:
  01805 757510 (EUR 0.14/min. when calling from a land line of Deutsche Telekom; rates from mobile
  phones will vary depending on the provider)

- In Austria:
  0820 820033 (EUR 0.14/min. when calling from an Austrian land line; rates from mobile phones will vary
  depending on the provider)

- In Switzerland
  0848 000271 (Swiss national rates apply)

- In Belgium: 070 700 016 (Belgian national rates apply)
- In France: 0825 026 071 (French national rates apply)
- In Italy: 199 192 692 (Italian national rates apply)
- In the Netherlands: 0900 202 1447 (Dutch national rates apply)
- In Portugal: 707 200 654 (Portugese national rates apply; our staff speak English)
- In Spain: 90 20 20 069 (Spanish national rates apply)
- In Sweden: 0200 810 357 (Swedish national rates apply; our staff speak English)
- In the United Kingdom: 0870 606 0 519 (UK national rates apply)

- In Greece: 210 3530339 (Greek national rates apply)
  Contactable Monday to Friday, 9 a.m. to 5 p.m.

- All other countries: 0044 8706060519

3.1
The services covered by these terms and conditions involve the provision of the carriage services confirmed at booking.

3.2
TUIfly is entitled to assign the performance of air carriage in whole or in part to its agents/subcontractors. TUIfly shall only use airlines whose safety standards match those of TUIfly and which have received approval to this effect from the German civil aviation authority or an appropriate European air safety authority. TUIfly shall inform the passenger of the identity of the operating carrier as soon as this is known.

3.3
TUIfly may, at any time, make changes to the aircraft or flight number used.

3.4
Carriage by TUIfly is limited to direct flights booked with TUIfly; it does not, however, include connecting flights. Passengers themselves, and not TUIfly, shall be responsible for ensuring they make flights and connections (including connecting flights and airport shuttle services); liability on the part of TUIfly is excluded. Should the passenger nevertheless wish to combine individual TUIfly flights or combine a TUIfly flight with flights on other airlines, this shall be at their own risk (unless the booking made was subject to a special rate for flights involving a change of aircraft; see Section 5.2 below).

4.1. Airfare
The services and prices confirmed at booking shall apply. The terms of booking and payment are derived from the applicable fare regulations as stated at booking. The confirmed airfare includes the price of air carriage and all applicable taxes, airport charges and other charges, surcharges and fees that were unavoidable and predictable at the time of booking, each of which will be itemized separately.

4.2 Subsequent fare increases
(a) TUIfly reserves the right to subsequently increase the airfare agreed in the contract of carriage if the period between the contract being entered into and the agreed date of air travel exceeds four (4) months and the circumstances leading to the increase have not yet occurred before formation of contract and could not have been predicted by TUIfly at formation of contract and are unavoidable. This increase shall be permissible if the costs of aviation fuel or the costs of airport charges or other charges, surcharges and fees relating to safety and security subsequently rise and if the passenger is informed of this immediately, but no later than 21 days prior to departure. If a price increase amounts to more than 5 % of the base fare for air carriage (exclusive of taxes, charges and fees), the passenger is entitled to withdraw, without charge, from the contract of carriage.

(b) Adjustment charges will be made in the event of an increase (on a per-seat basis) in the costs, fees and charges stated above in Subsection (a), in that this additional amount will be passed on to the passenger. In other cases, the additional costs will be divided by the number of seats on the aircraft. TUIfly will additionally charge to passengers the resulting amount for individual seats on a pro-rata basis.

4.3 Payment
(a) Full payment is due immediately on formation of the contract of carriage. Payment by instalments is not accepted. In certain countries, governmental or airport authorities may levy entry or visa charges directly from the passenger which are not included in the airfare and are thus separately payable by the passenger.

(b) All payments are to be made either using a credit card accepted by the airline or by direct debit through a German bank account to be named by the passenger. Payment by credit or debit card is subject to a charge, per booking, of EUR 6.00 (GBP 5.00/USD 9.00) on international flights or EUR 7.14 on domestic (German) flights. Payment by direct debit is possible only for bookings made at least six days before the day of departure.

(c) If a credit card institute or a bank refuses to honour the payment required under the contract, TUIfly shall levy passengers with an administration charge of EUR 5.50 (GBP 4.00/USD 9.00) per passenger, in addition to any charges made by the credit card institute or the bank. In the event of a charge back (i.e. if the amount collected by TUIfly from the passenger’s bank or the credit card company is charged back in full or in part or is otherwise claimed), a charge back fee of EUR 10.00 (GBP 8.00/USD 16.00) per booking is due and payable if the passenger is unable to demonstrate that TUIfly incurred no (or lesser) damage/loss.

(d) Incoming payments shall first be offset against the oldest debt. Payment which is not sufficient to cover the entire debt will first be offset against the interest and finally against the principal debt.

(e) If the airfare has still not been paid after the issuing of a reminder and the setting of a deadline for payment, TUIfly shall withdraw from the contract of carriage and cancel the booking, subject to the agreed administration charge as set out in Section 6. TUIfly may refuse to set a payment deadline if the imminence of the departure date makes it unfeasible to stipulate a period for payment prior to departure. In the event of this, TUIfly may withdraw from the contract of carriage and refuse travel.

5.1 Booking
(a) Bookings are valid only for the booked flight and for the person named in the booking. If the name on identification documents presented at the airport differs from that in the booking, documentation issued by the competent authority certifying a change of name between the time of booking and departure must be presented.

(b) No tickets are issued for bookings made using the Internet, by telephone or via a travel agent. A booking number will be given, which must be presented at the check-in desk together with valid identification documents (i.e. identity card or passport). The full name (i.e. first and second names) given at booking must match that on the identification documents.
If the booking number and official picture identification is presented at the airport desk by someone other than the person entitled to carriage or a refund, TUIfly shall have no liability towards the entitled person if carriage or a refund was provided in good faith.

5.2 Rates
(a) Flight bookings subject to the FLEX Rate can – free of charge, up to 30 minutes before the scheduled departure time – be amended, cancelled or transferred to a substitute passenger. For flight bookings subject to the SMILE Rate, booking amendments, cancellations and the naming of a substitute passenger are subject to the administration charges given in Section 6.

(b) The ‘connecting-flight rate’ (i.e. a special rate for flights with a change of aircraft) allows several consecutive flight legs on routes served by TUIfly to be booked directly in a single booking. This enables passengers to also reach destinations that are served by TUIfly but to which no direct flights are available from the place of departure. Flights subject to this rate can be booked only when this rate is made available for the desired route by the TUIfly booking system. If passengers wish to combine other flight legs, they can do this by booking each leg of their journey separately. In the event of this, the general provisions covering flight bookings shall apply.
Unless expressly specified to the contrary, the provisions of these Terms and Conditions of Carriage shall also apply to flights subject to the ‘connecting-flight rate’.

Booking amendments/passenger substitution/cancellation and passenger no-show

7.1 Booking amdendments
(a) A booking amendment is deemed to have been made when, at the passenger’s request, the travelling date, the flight number, the destination, or the airport of departure or arrival are changed before the flight service (outward or return flight) is utilized. Booking amendments are possible up to two (2) hours before the scheduled departure time, subject to the additional costs specified under 7.2 (b). Amendments may be made free of charge to flight bookings subject to the FLEX Rate that are made up to 30 minutes before the scheduled departure time.

(b) Booking amendments are subject to payment of the difference between the fare already paid and the new fare if higher. Passengers who rebook onto a flight with a lower fare shall not be entitled to a refund. Additionally, for bookings subject to the SMILE Rate, an administration charge of EUR 25.00 (GBP 20.00/USD 40.00) on international flights, and EUR 29.75 on domestic (German) flights, is payable per person, per flight. The customer is at liberty to prove that TUIfly.com incurred no (or lesser) damage/loss as a result of the booking amendment.

(c) Bookings can be amended online or by calling the TUIfly.com Service Centre (see Section 2 for contact details and costs). Passengers can rebook onto a later flight – subject to approval by the authorities at the destination – only if the flight date is no more than six (6) months after the originally booked outward flight.

(d) It is not possible for passengers with bookings on domestic flights to rebook onto international flights, and vice-versa. This applies both to the SMILE Rate and the FLEX Rate.

7.2 Passenger substitution
(a) The passenger making the booking can, up to two (2) hours before the scheduled departure time, name a substitute passenger; this is subject to the additional costs stated under (b). Booking amendments can be made online or by telephoning the TUIfly.com Service Centre (see Section 2 for contact details and costs). Both the passenger making the booking and the substitute passenger are jointly and severally liable. TUIfly.com may object to the substitution of the passenger if the substitute does not fulfil the special requirements for the flight, or if it would be contrary to legal regulations or governmental directives.

(b) Where the passenger name is changed on bookings subject to the SMILE rate, an administration charge of EUR 25.00 (GBP 20.00/USD 40.00) per person, per flight is payable on international flights, with EUR 29.75 payable on domestic (German) flights. The difference between the fare already paid and the new fare (if higher) may also be payable. A refund is not possible if a lower rate is applicable for the substitute passenger.

7.3 Cancellation and passenger no-show
(a) If a booking for a flight or another service is cancelled, the TUIfly.com Service Centre (see Section 2 for contact details and costs) must be notified without delay prior to departure, quoting the booking number.

(b) Where flight bookings made at the SMILE rate are cancelled, the price for air carriage contained in the airfare will not be refunded. To cover the administration costs involved in a cancellation, TUIfly.com will charge the passenger an administration fee of EUR 15.00 (GBP 14.00/USD 20.00) per transaction, per person, which will be offset against the amount withheld for air carriage. If the amount already withheld is less than EUR 15.00 (GBP 14.00/USD 20.00) per person, per flight, then the taxes, airport charges and other charges, surcharges and fees shall be withheld on a pro-rata basis or the passenger may be required to subsequently pay the difference between this amount and that already paid. The passenger is at liberty to prove that TUIfly.com in fact has a much lesser entitlement to reimbursement of costs or payment. If a flight booking subject to the FLEX Rate is cancelled up to 30 minutes prior to departure, the airfare already paid will be refunded.

(c) TUIfly reserves the right to refuse carriage, and the provisions in Subsection (b) shall be applied accordingly, if the passenger fails to appear at the check-in desk, presenting all required travel documents, in sufficient time for them to be checked in and in possession of a boarding pass no later than 45 minutes prior to the scheduled departure time (60 minutes before the scheduled departure time for flights from Tel Aviv and Algiers) .

7.1
Seat reservations can be made either online at the time of booking or subsequent to booking by calling the TUIfly Service Centre no later than 48 hours before the scheduled flight, subject to payment of a non-refundable administration charge of EUR 9.00 (GBP 7.00/USD 14.00) (see Section 2 for contact details and costs). Seat reservations are free of charge for bookings made using the TUI card or when making bookings subject to the FLEX Rate.

7.2
TUIfly charges a non-refundable administration fee of EUR 25.00 (GBP 20.00/USD 40.00) for the booking of an ‘XL’ seat in the emergency exit rows. 

7.3
‘XL’ seats are not available on all TUIfly flights and aircraft.

7.4
Official safety regulations dictate that the following groups of persons may not sit in the emergency exit rows:

• Infants and children under the age of 12;
• Persons carrying animals in the cabin;
• Expectant mothers;
• Physically and/or mentally disabled passengers;
• Passengers who, owing to size, health conditions or age, have restricted mobility.

In reserving a seat in an emergency exit row, you confirm that none of these criteria apply to either yourself or the other persons for whom you have made a booking. If this is not the case, TUIfly is entitled to assign the person(s) in question to another seat without reimbursement of the reservation fee. In cases of doubt, this decision shall be made by the TUIfly crew.

8.1
At certain German airports from which TUIfly offers flights, a day-before check-in option is available for all TUIfly departures. TUIfly also offers all passengers – at selected departure airports – a Web Check-in service (available at www.tuifly.com) starting 30 hours prior to the scheduled departure time.

8.2
Passengers are recommended to arrive at the check-in desk at least two (2) hours before the booked departure time (unless a longer period is required for a particular reason).

8.3
Passengers must appear at the check-in desk in good time so that they are checked-in and in possession of a boarding pass no later than 45 minutes prior to the scheduled time of departure. If a passenger does not meet the check-in deadline indicated, TUIfly reserves the right to deny carriage and the passenger remains obliged to pay the fare. The above also applies to passengers who check in online if they fail to arrive – in possession of their online boarding pass and permitted hand baggage – at the boarding gate by the time indicated on this boarding pass.

8.4
When checking in, the booking number and a valid photo ID (i.e. passport or identity card) are required. Passengers are recommended to present their booking confirmation. For children and adolescents, a valid ID (or an entry for the child/adolescent in the passport or ID of the legal guardian travelling with them) must be presented. For international flights a valid passport or ID must be carried, along with any visa or additional documents required by the country of destination. This also applies to children and adolescents. TUIfly will refuse check-in to passengers without these documents. Passengers shall be responsible for carrying with them all documents necessary for travelling to and from the country of destination. Passengers who check in online must also carry all of the above documents, and are required to present their printed online boarding pass in good time for boarding.

8.5
It is essential that the passenger ensures that the name on the ticket matches the actual surname as given on their identity card or in their passport, otherwise travel may be refused.
Should the names not correspond, the relevant authorities will in many cases (especially for return flights from abroad) not allow the passenger to leave the country. In such cases, TUIfly is not liable for return carriage unless TUIfly itself is responsible for the discrepancy.

9.1
Passengers are themselves responsible for obtaining, and presenting at check-in, the necessary travel documents, visas and doctor's certificates, certificates of vaccination and the like which are required – for themselves, or for children or animals travelling with them – under the passport, visa and health regulations of the countries in question. In particular, TUIfly would like to draw passengers’ attention to visa requirements for foreign nationals. 

9.2
Passengers are responsible for ensuring that they have with them all the required documents for their flight; this also applies to infants (for whom there must be an entry in the passport or ID of the parent or legal guardian). Certain countries require children or adolescents under the age of 18 to present an authorization form completed by their parent or legal guardian. TUIfly may deny boarding to passengers who do not meet these requirements.

9.3
As the carrier, TUIfly is obliged by law to refuse carriage if the entry and exit requirements for the country of departure or destination are not met, or if the required documentation/certification is not presented.

9.4
In accordance with the “Special regulations for specific types of flight in commercial non-scheduled services to destinations outside the European Economic Area” (e.g. Tunisia, Egypt, Morocco and Croatia), carriage may take place only in connection with a package deal, and the following must be clearly printed on the ticket: “Valid only as part of a package deal”. The following must also be stated on the flight documents: name of tour operator, name of passenger, name of air carrier, and dates of outward and return flights. If this is not the case, the passenger is entitled neither to travel nor to reimbursement of the airfare.

9.5
TUIfly is entitled, in the instances specified in Sections 9.1 to 9.3, to refuse travel in the event that passengers fail to comply with the regulations. Any costs or disadvantages arising from the failure to observe these requirements shall be incurred by the passenger [see also Article 21.1 (d)].

TUIfly makes every effort to ensure that passengers and their baggage arrive at their destination on time. Flight times that have already been announced may be subject to change for operational reasons. TUIfly will endeavour to keep changes to flight times to a necessary minimum and inform passengers as soon as possible of any such changes (taking into account the fact that information concerning return flights may be provided when the return flight is being confirmed). We recommend that the passenger obtain confirmation of the flight time, either by telephone or from the TUIfly website, within 48 hours of the scheduled departure time. Passengers have no entitlement to travel if they miss a flight after failing to confirm it. TUIfly is entitled to change aircraft and to assign carriage in whole or in part to a third party; TUIfly shall, however, remain responsible for the carriage booked.

Expectant mothers are permitted to travel with TUIfly until the end of the 35th week of pregnancy, whereupon travel will be refused. The date in question can be obtained from the passenger’s maternity card, which must be carried at all times. If both the outward and return flight have been booked and the return flight is not until after the end of the 35th week of pregnancy, TUIfly may refuse travel on the outward flight. Expectant mothers travel at their own risk; we recommend that those unsure whether air travel is advisable in their condition should consult a doctor beforehand.

12.1
TUIfly will, through its partner organizations at the airport, provide as much assistance as possible to disabled people or people with restricted mobility. This service is free of charge, but those requiring it must notify TUIfly at booking, either by contacting the TUIfly Service Centre (see Section 2 for contact details and costs) or by sending an e-mail to passsonder@tuifly.com. If this notification is not given at least 48 hours before the published departure time for the flight, this assistance cannot be guaranteed, as TUIfly’s partner organizations at the airport have limited capacity. Passengers with impaired mobility are permitted to take a folding wheelchair on board free of charge; they must notify TUIfly accordingly at booking – by contacting the TUIfly Service Centre (see Section 2 for contact details and costs) – and must obtain written permission/confirmation. Under air safety regulations, the number of wheelchairs carried on a given flight may be restricted. Electric wheelchairs will be carried only if they run on dry batteries.

12.2
Visually impaired passengers may travel in the cabin together with their guide dogs. Under air safety regulations, the number of guide dogs carried in the cabin on a particular flight may be restricted. Those wishing to travel with a guide dog must therefore pre-notify the TUIfly Service Centre (see Section 2 for contact details and costs) and obtain written confirmation. Transportation of guide dogs is free of charge. Strict statutory regulations for the United Kingdom prevent TUIfly from carrying guide dogs on flights to and from the UK.

12.3
Passengers with broken bones and plaster casts
All passengers with broken limbs who wish to travel by air require a doctor’s certificate confirming fitness to fly. These passengers must also sign an indemnity form for sick passengers, thus confirming that they have been informed of the risks of travel (including swelling of limbs at low air pressure, tissue damage, problems with blood circulation and risk of thrombosis). If possible, air travel should be avoided within 48 hours of the fracture occurring, as this period sees the greatest degree of swelling of the tissue around the fracture.

If, however, a passenger should wish to fly within 48 hours of the injury, the plaster cast must be split (with the split running the entire length of the cast); otherwise travel will be refused. TUIfly recommends that, for up to seven days after a bone break occurs, passengers travel only in a split cast. If the fracture is more than seven days old, the passenger can also travel with a closed cast. Passengers travelling with upper extremities in a plaster cast require only one seat. Passengers with a long-leg cast (i.e. one extending from the hip down to the ankle, or covering the ankle) must purchase two additional seats as the leg needs to be elevated during the flight and it cannot, for safety reasons, be stretched out in the aisle. For children with a long-leg cast, the number of seats to be additionally booked depends on the size of the child.

12.4
In order to comply with applicable safety requirements stipulated in international, Community or national law, or in order to meet the safety requirements of the German civil aviation authority, TUIfly may require that a disabled person or a person with restricted mobility be accompanied by another person who is able to provide the assistance that this passenger needs. Persons accompanying physically restricted passengers are not entitled to free travel; they are required to pay the full fare.

12.5
For passengers who are blind or require a wheelchair, TUIfly keeps seats available where it is easier to board and exit the aircraft. These seats can be reserved at no extra charge for such individuals and for a person accompanying them.
For reasons of safety, emergency exit ‘XL’ seats (EXIT row) will not be assigned to physically or mentally restricted passengers.

12.6
Those travelling with their own oxygen supply must notify the TUIfly Service Centre in advance (see Section 2 for contact details and costs) and obtain written permission/confirmation. Carriage of liquid-oxygen systems is prohibited.

13.1
For safety reasons, newborn infants up to the age of 7 days will not be accepted for carriage. Infants (i.e. children under the age of 2) may travel for a reduced fare of EUR 15.00 per flight segment on international flights (GBP 12.00/USD 24.00) and EUR 17.85 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. TUIfly 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. Each adult may accompany only one (1) infant. Infants must travel on the lap of their parent or legal guardian, with the infant secured using an additional loop belt that is to be put on in accordance with the flight crew’s instructions. Infants are not entitled to their own seat unless one has been booked for them at the special child rate (see Section 13.3 below) and a TÜV-certified and TUIfly-approved child restraint system, which is to be provided by the person accompanying the child, is fitted to the seat. The child restraint system is carried as free baggage.

13.2. Child restraint system
Both the German civil aviation authority and TUIfly recommend that passengers travelling with infants and children under the age of seven (7) use a TÜV-certified child restraint system that is mounted to a seat booked specially for the child. The following models of these devices are certified for TUIfly:

• Luftikid Duo
• Maxi Cosi Mico; manufactured by Maxi Miliaan B.V. ID 8011000571
  (weight: 0 to 10 kilos, child size: max. 75 cm)
• Maxi Cosi Citi; manufactured by Dorel Netherlands ID 8811410300
  (weight: 0 to 13 kilos, child size: max. 75 cm)
• Römer King quickfix, manufactured by Britax Römer ID 8811400300
  (weight: 9 to 18 kilos, child size: max. 98 cm)
• Maximum, manufactured by Storchenmühle ID 2711305500
  (weight: 0 to 10 kilos, child size: max. 75 cm)
• Römer Baby-Safe and Römer Baby-Safe plus ID 9811400300
  (weight: 0-13 kilos, child size: max. 82 cm).

Those wishing to take a child restraint system with them must give pre-notification by calling the TUIfly Service Center (see Section 2 for contact details and costs).

13.3
Children aged between two (2) and six (6) are entitled to a 50 % reduction on the base fare booked (exclusive of taxes and charges). When calculating the fares for the outward and return flight, TUIfly goes by the child’s age at the start of the return flight.

13.4
Children under the age of twelve (12) may travel with TUIfly only if accompanied by a person aged 16 or over who takes responsibility for them.

13.5
For unaccompanied minors aged between five (5) and eleven (11), TUIfly offers a special escort service. This costs EUR 30.00 (GBP 24.00/USD 48.00) on international flights and EUR 35.70 on domestic (German) flights; these rates are per child, per flight and on top of the airfare. This escort service must be pre-booked by calling the TUIfly Service Centre (see Section 2 for contact details and costs). In all cases, TUIfly goes by the child’s age at the start of the return flight. Unaccompanied minors may not take pets on board (either in the cabin or the hold).

13.6
It should be noted that some countries permit children and adolescents under the age of 18 to leave their home country only on presentation of an authorization form completed by their parents or legal guardians. It is the passenger’s responsibility to carry the required documents with them.

13.7
With the exception of its escort service (which is subject to a charge), TUIfly will not supervise or chaperone passengers and is not liable for the consequences of inadequate supervision or chaperoning.

General provisions

14.1. Free baggage
(a) All TUIfly passengers (including children) have a free baggage allowance of 20 kilos. For bookings subject to the FLEX Rate, passengers can also pre-book an excess baggage voucher entitling them to carry an additional 10 kilos free of charge. TUI Gold Card holders have a free baggage allowance of 30 kilos per person.
The maximum weight for any individual item of baggage should not exceed 30 kilos. Each person may also take on board, free of charge, one piece of hand baggage (dimensions 45 x 35 x 20 cm, weight up to 5 kilos) and one laptop computer. Infants (i.e. children under 2 years of age) have a free baggage allowance of 20 kilos; a pram or buggy can also be carried free of charge.

(b) TUIfly reserves the right to refuse carriage if baggage is not packed properly and in such a way that safe transportation is ensured.

14.2. Carriage of special and excess baggage
(a) Carriage of special and excess baggage (i.e. baggage in excess of the free allowance in terms of weight and dimensions, including sports equipment, animals and weapons), requires pre-booking with the TUIfly Service Centre (see Section 2 for contact details and costs) and is subject to additional charges. Golf equipment up to 30 kilos in weight can be carried free of charge. Passengers must notify TUIfly accordingly (and pay the required charges) prior to departure, otherwise they will have no entitlement to carriage of such baggage.
Carriage of excess/special baggage is subject to available capacity and safety regulations. For these reasons, carriage of these items may be restricted or refused.

(b) If non-prebooked special baggage is – contrary to the above provisions under (a) -–accepted by the handling agent, this shall be subject to payment (directly at the airport) of an additional service charge of EUR 10.00 (GBP 8.00/USD 16.00).

(c) For flights with other airlines, different regulations for special baggage, sports baggage and excess baggage may apply. These flights are subject to the charges and regulations issued by the carrier in question. Passengers intending to take special baggage or excess baggage weighing more than 50 kilos, or animals including guide dogs, must provide advance notification and obtain written permission/confirmation. This is necessary for reasons of safety and because hold space for excess baggage is limited.

(d) Excess baggage is charged at an additional EUR 8.00 (GBP 6.00/USD 13.00) per kilo, per flight segment.

(e) An excess baggage voucher (one voucher per person) can, for a non-refundable administration charge, be purchased up to 48 hours prior to the scheduled departure. To do so, contact the TUIfly Service Centre (see Section 2 for contact details and costs).
Prices for excess baggage vouchers (per person, per flight segment):

• 5 kilos  EUR 25.00 (GBP 20.00/USD 40.00)
• 10 kilos  EUR 45.00 (GBP 36.00/USD 72.00)
• 20 kilos  EUR 80.00 (GBP 64.00/USD 127.00).

If a passenger cancels a booking for an excess baggage voucher, they are at liberty to prove that TUIfly in fact has a much lesser entitlement to reimbursement of costs or of payment.

(f) Donated goods
Aid organizations and private individuals provide support to needy people and to animal protection organizations. TUIfly will assist with the carriage of properly documented and personally accompanied consignments of donated goods (weighing at least 20 kilos and separately packed).
TUIfly trusts that passengers will appreciate that it cannot carry excess baggage free of charge, even if these items are donations, as it has to at least cover the additional fuel and check-in costs involved. Relief supplies are, however, carried at a special rate. Requests should be sent to passsonder@tuifly.com and permission/confirmation obtained from TUIfly.

(g) Golf bags weighing up to 30 kilos are carried free of charge; items heavier than this will be charged at the excess baggage rate of EUR 8.00 (GBP 6.00/USD 13.00) per additional kilo. Other items of sports equipment, such as diving gear (please note: scuba tanks must be completely empty) and skis/snowboards, bicycles, surfboards, sailboards and the like, up to a maximum weight of 30 kilos, can be carried for an administration fee (per item, per flight segment) of EUR 25.00 (GBP 20.00/USD 40.00) on international flights and EUR 29.75 on domestic (German) flights. Items weighing more than 30 kilos are charged at the excess baggage rate of EUR 8.00 (GBP 6.00/USD 13.00).

One (1) item of special baggage, sports baggage or excess baggage is permitted per passenger. Additional sports baggage is subject to excess baggage rates.
The administration fee is non-refundable. If a passenger cancels a booking for special baggage, sports baggage or excess baggage, they are at liberty to prove that TUIfly in fact has a much lesser entitlement to reimbursement of costs or of payment.

Sports baggage must be pre-booked either online or by calling the TUIfly Service Centre (see Section 2 for contact details and costs) prior to departure, as only limited hold space is available.

(h) Provided that musical instruments do not exceed the usual size and weight for hand baggage (dimensions 45 x 35 x 20 cm, weight up to 5 kilos), they can be carried in the cabin. Those wishing to take with them an instrument that exceeds the usual dimensions for hand baggage must contact the TUIfly Service Centre (see Section 2 for contact details and costs) to obtain permission/confirmation. These instruments are to be carried only in the hold and must be properly packed (i.e. in a hard-shell case). If the instrument’s weight exceeds the free baggage allowance, it may be carried in the hold for a flat-rate charge of EUR 25.00 on international flights (GBP 20.00/USD 40.00) and EUR 29.75 on domestic (German) flights. Cellos, violins etc. can be carried, if and as required, by booking an additional seat in the cabin (subject to security screening).

(i) Life jackets with CO2 cartridges and diving lights must be pre-booked by calling the TUIfly Service Centre (see Section 2 for contact details and costs) and can be carried free of charge if within the free baggage allowance.

(j) For special baggage, the following conditions shall apply:
(1) All special baggage must be packed adequately and appropriately for air transport, and sufficiently protected against external and internal damage. TUIfly does not accept liability for damage resulting from inadequate packing.
(2) Bicycles must be packed as stated under (1); additionally, handlebars and pedals must be turned inwards.
(3) Scuba tanks must be completely empty.
(4) Diving lights may only be carried in hand baggage. The energy source (battery) and the lamp (bulb) must be disconnected and stored separately from each other.
(5) TUIfly reserves the right to refuse carriage of special baggage not adequately or appropriately packed. Its acceptance of baggage despite inadequate packaging, which is not always evident when the item is being checked in, does not constitute assumption of liability on the part of TUIfly. It remains the passenger’s responsibility to ensure safe packing, and non-compliance therewith shall be at the passenger’s own risk.
(6) Sports baggage must be packed separately; the contents may be inspected at the request of check-in staff.

(k) The carriage of sporting weapons is restricted and subject to the carrier’s approval and terms. A non-refundable administration fee (per item, per flight segment) of EUR 25.00 (GBP 20.00/USD 40.00) will be charged for international flights, with EUR 29.75 charged for domestic (German) flights. The carriage of sporting weapons may be refused without giving reasons.

(l) Those taking ammunition with them are required to pack it securely and separately from the firearm; the airline must be notified, and approval obtained, beforehand. The passenger shall be responsible for compliance with import and export regulations governing the carrying of weapons and ammunition.

(m) Wheelchairs are carried free of charge; as capacity is limited, however, passengers must notify the TUIfly Service Centre (see Section 2 for contact details and costs) and obtain permission/confirmation in advance.

(n) Special medical baggage for holiday requirements can be carried in the cabin (in which case it must not exceed the maximum dimensions for cabin baggage) and in the hold. Passengers must always notify the TUIfly Service Centre (see Section 2 for contact details and costs) in advance of such baggage, unless the item is to be carried on their person (e.g. crutches). Medical baggage must be packed separately and shown at the check-in desk, where it should be amenable to inspection. Passengers must be able to present a doctor’s certificate 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 (e.g. crutches and wheeled walkers)
• Wheelchairs, including accessories (subject to any applicable restrictions)
• Personal hygiene items (e.g. nappies), stoma
• Shower/WC seat, ramp for wheelchair users
• Artificial limbs / prostheses
• Doctor’s emergency bag
• Dialysis device, defibrillator, kinesitherapy device, nerve and muscle stimulator
• Aspirators, irrigators
• Medication, syringes, special foods

All other medical aids and appliances (such as personal care products and items of clothing) can, if the free baggage allowance is exceeded, be carried subject to payment of the excess baggage charge of EUR 8.00 (GBP 6.00/USD 13.00) per kilo, per flight segment.

(o) The baggage tag constitutes the passenger’s record of the weight, and number of items, of checked baggage. Checked baggage must be identifiable with the passenger’s name. Violation of this requirement may cause exclusion of liability.
Checked baggage is carried on the same aircraft as the passenger, except in instances where the carrier regards this as not practicable, in which case the baggage will be transported by the carrier as soon as possible on a subsequent flight.
Checked baggage shall be delivered at the destination airport specified on the baggage tag. Passengers are required to keep hold of baggage tags until they have claimed their baggage, and to collect it as soon as it is ready to be picked up at the airport of destination or at the place where the flight is interrupted.

TUIfly does not provide delivery services for baggage to or from the airport, and does not accept any responsibility for services of this kind provided by third parties.

14.3 Charges for special baggage/sports baggage and carriage of animals
The following administrative charges are on a per-flight basis; these items must be pre-booked by calling the TUIfly Service Centre (see Section 2 for contact details and costs) or online at www.tuifly.com. The administrative charge is non-refundable. If a baggage booking is subsequently cancelled, however, TUIfly must refund the costs it saved relating to this and/or to possible other uses if the passenger can prove that TUIfly in fact has a much lesser entitlement to reimbursement of costs or of payment.

Carriage of animals (dog/cat) in the cabin 
EUR 25.00 (GBP 20.00/USD 40.00) per animal, per international flight segment
EUR 29.75 per animal, per domestic (German) flight segment

Carriage of animals (dog/cat) in the hold 
EUR 30.00 (GBP 24.00/USD 48.00) per animal, per international flight segment
EUR 35.70 per animal, per domestic (German) flight segment

14.4. Carriage of animals
(a) Carriage of animals is subject to payment of a non-refundable administrative fee charged on a per-animal basis, as stated in Section 14.3. If an animal booking is cancelled, however, TUIfly must refund the costs it saved relating to this and/or to possible other uses if the passenger can prove that TUIfly in fact has a much lesser entitlement to reimbursement of costs or of payment.
Those planning to travel with a dog or cat must notify the airline at the time of booking, stating the animal’s weight, and obtain permission/confirmation. The animal must be kept in a secure, suitable travel container, to be provided by the passenger. As the total number of animals per flight is limited, the airline must be notified in advance and permission/confirmation obtained. Animals travelling in the cabin must be kept in a suitable pet travel bag, both flexible and waterproof, and the animal must not exceed the maximum weight of 5 kilos. The animal’s head must not protrude from the travel bag, and the animal must remain within the container throughout the flight. The container may not, at any time – even if an extra seat is purchased – be placed on the seat. For carriage in the hold, a stable, secure travel container is required. Any pet travel container must, for the animal’s protection, be resistant to internal and external damage during air travel. TUIfly does not assume any responsibility for damage resulting from the inadequacy of the travel container. Guide dogs may travel in the cabin without a container (see also Section 12.2 above).

(b) TUIfly does not accept liability for any damage to the animal’s health sustained as a result of air carriage. Acceptance of the animal for air transportation is subject to the passenger taking full responsibility for the animal. The passenger shall be solely responsible for compliance with all health checks/documentation and requirements/papers necessary for the animal to enter the country of destination. The passenger alone shall be responsible for compliance with all conditions and restrictions associated with the import and export of animals. In general, the passenger is liable for all damage and consequential damage caused by the animal or its transportation. The transport of animals is subject to the provisions of the IATA Live Animals Regulations, which can be made available by the airline on request. In the event of non-compliance with the above conditions of carriage, TUIfly is entitled to refuse to transport the animal. TUIfly is not liable for any additional costs arising therefrom.

(c) TUIfly is unable to carry any animals on flights to and from the UK, owing to the country’s strict statutory requirements. The final decision as to whether and how an animal will be carried lies, on a case-by-case basis, with TUIfly. Passengers intending to travel with animals must notify, and obtain permission/confirmation from, the TUIfly Service Centre (see Section 2 for contact details and costs). Unaccompanied pets will not be carried by TUIfly.

14.5 Third-party carriage of special baggage
In the event that TUIfly offers flights with partner airlines for booking online, by telephoning the Service Centre or via a travel agent, special baggage is subject to the provisions of the carrier in question and its regulations governing charges. These items must be pre-booked – either by the customer booking the flight or by the travel agent making the reservation – directly with the relevant carrier.

14.6. Prohibited baggage
(a) Generally prohibited baggage
For safety reasons, the following materials and items shall not be placed in either hold or checked baggage and will not be carried:
(1) Briefcases or security-type attaché cases with installed alarm devices, or incorporative lithium batteries and/or pyrotechnic material;
(2) Explosive devices, including detonators, fuses, grenades, mines and explosives;
(3) Explosive materials, ammunition, fireworks or signal rockets;
(4) Gases: flammable, non-flammable, deeply refrigerated and poisonous, such as camping gas or aerosols, propane and butane;
(5) Flammable fluids such as bleaches, peroxides, petrol and methanol;
(6) Flammable solids and reactive substances, including magnesium, firelighters, fireworks, flares;
(7) Cigarette lighters;
(8) Oxidizers and organic peroxides (including bleach), car body repair kits;
(9) Toxic or infectious substances, including rat poison, infected blood and pathogens;
(10) Radioactive material, including medicinal or commercial isotopes;
(11) Corrosives (such as mercury), which may be contained in thermometers, acids, alkalis and wet-cell batteries filled with battery fluid, corrosives and vehicle batteries;
(12) Fuel-containing components of vehicle fuel systems;
(13) Magnetized materials and all hazardous items as listed in the IATA Dangerous Goods Regulations.
The above provisions do not apply to medicines and medical appliances, toiletries, smoking utensils (except petrol cigarette lighters) or alcoholic drinks, provided these are carried only in small quantities for personal use.

Please note: for safety reasons, the use of all personal electronic equipment is prohibited during take-off or landing. The use of mobile phones is not permitted at any time during the flight. Use of other electronic equipment is subject to the prior permission of the crew.

(b) Prohibited items in checked baggage
Checked baggage must not contain fragile or perishable items, items of value including money, jewellery, precious metals, jewels, computers (including laptop computers), cameras, mobile phones or other electronic equipment, securities, stocks and bonds, as well as other valuables or business documents, samples, identification documents, house or car keys, medicines and/or medical aids and appliances (such as hearing aids, dental braces and glasses) required by the passenger. TUIfly may refuse to carry these items in checked baggage and is liable only for damage/loss that is wilfully caused or caused by gross negligence (see also Article 22.3).

TUIfly may refuse to carry baggage if it is inadequately packed to the extent that, despite application of due care, damage is to be expected.

Departures from Israel
TUIfly recommends that, owing to the strict security measures in force at Tel Aviv airport, passengers should generally not take laptop computers or similar items either in hand baggage or checked baggage. There is no liability for any damage or loss caused by action taken by security staff.

(c) Prohibited items in hand baggage
(1) Guns, firearms and weapons
Any object capable, or appearing capable, of discharging a projectile or causing injury, including:

• all firearms (pistols, revolvers, rifles, shotguns etc);
• replica and imitation firearms;
• component parts of firearms (excluding telescopic sighting devices and sights);
• air pistols, rifles and pellet guns;
• signal flare pistols; starter pistols; toy guns of all types; BB guns;
• industrial bolt and nail guns; cross bows; catapults;
• harpoon and spear guns; humane killers for livestock;
• stun or shocking devices such as cattle prods, ballistic conducted energy weapons (taser);
• lighters shaped like a firearm.

(2) Pointed/edged weapons and sharp objects
Pointed or bladed articles capable of causing injury, including:

• axes and hatchets; arrows and darts; crampons; harpoons and spears;
• ice axes and ice picks; ice skates; lockable or flick knives with blades of any length; knives with blades of more than 6 cm, made of metal or any other material strong enough to be used as a potential weapon;
• meat cleavers; machetes;
• open razors and blades (excluding safety or disposable razors with blades enclosed in cartridge); sabres, swords and swordsticks; scalpels;
• scissors;
• ski and walking/hiking poles;
• throwing stars;
• tradesman’s tools that have the potential to be used as a pointed or edged weapon e.g. drills and drill bits, carpet knives and box cutters, utility knives, all saws, screwdrivers, crowbars, pliers, wrenches/spanners and blow torches.

(3) Blunt instruments
Any blunt instrument capable of causing injury, including:

• baseball and softball bats;
• clubs or batons – rigid or flexible – e.g. Billy clubs, blackjacks, night sticks and batons;
• cricket bats; golf clubs; hockey sticks; lacrosse sticks;
• kayak and canoe paddles; skateboards; billiard, snooker and pool cues; fishing rods;
• martial-arts equipment e.g. knuckle dusters, clubs, coshes, rice flails, num chucks, kubatons and kubasaunts.

(4) Explosives and flammable substances
Any explosive or highly combustible substances which poses a risk to the health of passengers and crew, or the security/safety of aircraft, or the property of TUIfly and third persons, including:

• ammunition; blasting caps; detonators and fuses; explosives and explosive devices;
• replica or imitation of explosive material or devices;
• mines and other explosive military stores; grenades of all types;
• gas and gas containers e.g. butane, propane, acetylene and oxygen;
• fireworks, flares in any form and other pyrotechnics (including party poppers and toy cap guns);
• non-safety matches;
• smoke-generating canisters or cartridges;
• flammable liquid fuel (e.g. petrol/gasoline, diesel, lighter fluid, alcohol, ethanol); aerosol spray paint; turpentine and paint thinner;
• alcoholic beverages exceeding 70 % by volume.

(5) Chemical and toxic substances
Any chemical or toxic substances which pose a risk to the health of passengers and crew or the security/safety of aircraft or property, including:

• acids and alkalis (e.g. spillable ‘wet’ batteries);
• corrosive or bleaching substances (e.g. mercury and chlorine);
• disabling or incapacitating sprays (e.g. mace, pepper spray and tear gas);
• radioactive material (e.g. medicinal or commercial isotopes); poisons;
• infectious or biological hazardous material (e.g. infected blood, bacteria and viruses);
• material capable of spontaneous ignition or combustion;
• fire extinguishers.

(6) Restriction on liquids in hand baggage (EU Regulation 1546/2006)
European Union regulations on Security in Civil Aviation restrict the amount of liquids that passengers are permitted to take on board in their hand baggage.
It must be ensured that these liquids are in individual containers with a capacity of no more than 100 ml, or the equivalent amount given in a different unit of measurement (based on maximum contents as printed on the container). All of these individual containers must be packed in a transparent, re-sealable plastic bag with a capacity of no more than one (1) litre. The plastic bag must be easily and fully sealable. Passengers are not permitted to seal a normal (non-sealable) plastic bag using additional means.
Only one (1) plastic bag is allowed per person.
Liquids include: gels, pastes, lotions, liquid/solid mixtures, such as toothpaste, hair gels, beverages, soups, syrups, perfume and other items of similar consistency, as well as the contents of pressurized containers such as aerosols, shaving cream and hair spray.

Exemptions may be granted if the liquid is:

• 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
• 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 the airport on that day; or
• obtained in the security restricted area from outlets that are subject to approved security procedures as part of the airport security programme; or
• 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
• 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.

Duty-free items may, therefore, be purchased post-security at a Community airport or on board an aircraft of a Community air carrier. If the passenger needs to pass through other security screening points as well, however – especially for connecting flights to other Community airports – then the liquid obtained must, for this purpose, be packed in a tamper-evident bag provided by the outlet, complete with clearly visible proof of purchase showing both the date and place of purchase.
The above regulations shall apply to all flights departing from airports in the European Union (including connecting flights) irrespective of their destination or the country in which the airline is based. Passengers entering the EU from an airport outside the EU must undergo another security screening before boarding their connecting flight.

Various non-EU states have passed identical or similar regulations, details of which are available from the TUIfly Service Centre.

15.1 General provisions
(a) TUIfly shall be responsible only for damage occurring in the period during which the baggage is in the charge of TUIfly, and only if the passenger has a valid contract of carriage.

(b) Liability for loss of, delay of or damage to baggage is limited in accordance with the provisions in Section 15.2 (c).

(c) Passengers are recommended to take out additional baggage insurance.

(d) If the weight of the checked baggage is not indicated on the baggage tag, it will be assumed that the overall weight of the checked baggage does not exceed the free baggage allowance for the relevant class of carriage.

(e) TUIfly shall not be responsible for damage caused by the baggage of a passenger. If items in baggage cause damage to baggage of other passengers or to the property of TUIfly, the owner of the baggage is liable for this damage.

(f) In all cases, TUIfly’s liability is limited to proven damage. In case of contributory negligence on the part of the passenger, damage reimbursement by TUIfly will be reduced accordingly. Passengers are referred to the provisions on liability set out in Section 15.2 (e).

15.2 Reporting of damage to, or loss of, baggage
(a) Any damage must be immediately reported to the carrier’s handling agent at the destination airport; this involves the passenger filing a damage report.

(b) In the event of damage to baggage, any claim is excluded unless the person entitled to delivery notifies TUIfly of this damage immediately (or, at the latest, within seven days from the date of receipt).

(c) If there are delays in the delivery of baggage, any claim is excluded if TUIfly is not notified of the loss immediately (or no later than 21 days after the baggage has been made available).

(d) All complaints (as defined in Sections 15.1 (b) and (c) above) must be made in writing and delivered or sent within the specified time limits.

(e) Receipt of baggage without submission of a written complaint constitutes prima facie evidence that the same has been delivered undamaged and in accordance with the contract of carriage. Suitcases and similar bags must be fit for purpose (in terms of protecting their contents) and able to withstand scratches and pressure.

(f) Loss of baggage must be reported immediately to the carrier’s handling agent upon arrival. Details of the loss will be taken and entered into a worldwide search system.

The Pilot in Command shall at all times be entitled to take all necessary safety measures. In this respect they shall have full decision-making authority with regard to passenger seating as well as the loading, distribution, securing and unloading of baggage. They shall make all decisions concerning whether and how the flight is to be operated, whether and how deviations are to be made from the planned route, and where a landing or intermediate landing is to be made. The same applies if a passenger’s conduct, physical or mental condition is such that an unduly high level of assistance would be required on the part of the in-flight staff.

17.1 Use of electronic equipment
For safety reasons, the use of all personal electronic equipment is prohibited during take-off or landing. The use of mobile phones is not permitted at any time during the flight. Use of other electronic equipment is subject to the prior permission of the crew.

17.2 Safety measures taken by the crew
TUIfly may take all reasonable and necessary measures required to prevent further consequences of a passenger’s conduct if, either on board or prior to boarding, their behaviour is such that:

a) the aircraft, persons or property on board are placed at risk; or
b) the crew are hindered in performing their duties; or
c) instructions of the crew are not followed, especially with regard to smoking, consumption of alcohol or drugs; or
d) it results in harm or injury to, or an unreasonable burden being placed on, other passengers or crew.

TUIfly is entitled – if necessary and appropriate – to demand that the passenger leaves the aircraft, and may refuse onward carriage to any location, or on all routes operated by TUIfly. Any such offences committed on the aircraft will be subject to both criminal and civil prosecution.

(a) TUIfly is entitled to refuse, or prematurely discontinue, carriage or onward carriage of a passenger or their baggage if one ore more of the following occurs:

(i) Carriage of the passenger would violate applicable law, regulations or requirements of the country of departure or destination, or of a country in whose airspace the flight is (or would be) operated;
(ii) Carriage would impair the safety, order or health of other passengers or crew members or would cause them an unreasonable burden;
(iii) The mental or physical condition of the passenger – including impairment caused by alcohol or drugs – constitutes a danger or risk to the passenger themselves, other passengers, crew members or property;
(iv) The passenger refuses to subject themselves or their baggage to security screening;
(v) The applicable fare, any due taxes or other charges and fees (including any such payment owing from previous flights) has not been paid;
(vi) The passenger does not carry with them all documents required under the entry/exit requirements for the country of destination, is not in possession of valid travel documents, destroys these documents during the flight or refuses, on request, to hand over these documents to crew members against receipt;
(vii) The passenger fails to provide a booking number, or quotes an incorrect one, or the booking for the booking number quoted does not match the identification presented, or the passenger cannot prove that they are the person named in the booking;
(viii) The passenger does not follow security instructions or instructions under the TUIfly house rules;
(ix) The passenger carries baggage that is not permitted;
(x) The passenger has in the past committed one of the above-mentioned acts or omissions which led to the safety, order or health of other passengers, crew members or property of TUIfly being placed at risk, or has been barred by TUIfly from the airline’s flights and premises.

(b) Acceptance for carriage of unaccompanied minors, expectant mothers, disabled persons, sick persons or other individuals requiring special assistance is subject to prior agreement with TUIfly. Subject to the terms of Section 12.4 above, TUIfly may require a disabled person or a person with restricted mobility to be accompanied by another person who is able to provide the assistance this passenger needs.

19.1
TUIfly is entitled to cancel a flight/booking if, owing to the occurrence of force majeure events unforeseeable at the time when the contract was formed (such as war, civil unrest or natural disasters) the performance of the flight would be considerably impeded, endangered or adversely affected.

19.2
TUIfly also reserves the right to withdraw from the contract if the performance of the booked flight would be considerably impeded, adversely affected or rendered impossible owing to circumstances not foreseeable at the time of booking and for which TUIfly is not responsible, such as strikes by air traffic controllers or airport personnel, or circumstances arising from official regulations for which TUIfly is not responsible, including denied landing rights or prohibition from using airspace.

Terms and Conditions of Carriage – Passenger rights in the event of flight interruptions

Under EC Regulation 261/2004 TUIfly offers – in cases of non-carriage, cancellation and long delays to flights – compensation and assistance as stipulated in the Regulation. These obligations are excluded in cases where non-carriage, cancellation or delay has been caused by extraordinary circumstances outside TUIfly’s sphere of influence if these circumstances are, owing to force majeure or the influence of third parties, unavoidable for TUIfly. In particular, these circumstances include political instability, adverse weather conditions, security risks, unexpected deficiencies in flight safety, or strikes affecting TUIfly’s operations.

21.1 General provisions
(a) Carriage of persons, baggage and freight hereunder within and outside the European Community is subject to the limited liability regulations of the German Air Traffic Act (LuftVG), EC Regulation 2027/97 dated 9 October 1997 as amended by EC regulation 889/02 (‘EC Regulation 2027/97’), the Convention for the Unification of Certain Rules for International Carriage by Air dated 28 May 1999 (‘Montreal Convention’), and the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air dated 12 October 1929 as amended by the Hague Protocol dated 28 September 1955, depending on whether domestic or international carriage is involved as defined by the Warsaw Convention or the Montreal Convention.

(b) TUIfly’s liability shall under no circumstances exceed the value of proven damage/loss. TUIfly shall be liable for indirect or consequential damage/loss only if TUIfly itself has caused such damage/loss by gross negligence or wilful misconduct. The following exclusion of liability does not apply to direct or consequential damage/loss arising from injury to life, limb or health that results from negligent breach of duty on TUIfly’s part. The requirements of the Warsaw Convention and the Montreal Convention shall remain unaffected hereby.

(c) If the damage/loss is partially caused by contributory negligence on the part of the injured party, the standards of the applicable law with regard to the exclusion or reduction of the obligation to pay damages in the presence of contributory negligence on the part of the injured party shall apply. This shall apply accordingly if the injured party fails in their obligation to mitigate loss.

(d) TUIfly assumes no liability for damage/loss arising from its compliance with governmental regulations or which may arise from the passenger’s failure to comply with obligations pursuant to these regulations.

(e) With respect to errors or omissions in timetables or other published schedules, or statements or representations by agents, employees or authorized 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.

(f) Any exclusion or limitation of liability on the part of TUIfly shall apply to and be for the benefit of its agents, servants, employees and representatives and any third party whose aircraft are used by TUIfly, including its agents, servants, employees and representatives. The aggregate amount recoverable from TUIfly and from the aforementioned third parties may not exceed TUIfly’s maximum limit of liability.

(g) Unless expressly provided otherwise, none of these Terms and Conditions of Carriage shall waive any exclusion or limitation of liability applicable to TUIfly under the Warsaw Convention, the Montreal Convention, or European or national law.

21.2 Personal injury
(a) TUIfly’s liability in respect to each passenger for death, wounding or other bodily injury is, with regard to exclusively domestic carriage within the Federal Republic of Germany, subject to the German Air Traffic Act (LuftVG), EC Regulation 2027/97, and these Terms and Conditions of Carriage; with regard to international carriage as defined by the Warsaw Convention or the Montreal Convention, it is subject to the requirements of the applicable Convention, EC Regulation 2027/97 and these Terms and Conditions of Carriage; with regard to all other carriage, it is subject to applicable law and these Terms and Conditions of Carriage.

(b) With regard to claims for damages against TUIfly for death, wounding or other bodily injury of a passenger, TUIfly is not subject to the limitation of liability pursuant to Article 22 (1) of the Warsaw Convention or similar provisions under national or European air law. TUIfly cannot avail itself of any defence under Article 20 (1) of the Warsaw Convention or similar provisions under national or European law with respect to that portion of such claim which does not exceed 100,000 Special Drawing Rights (SDR) of the International Monetary Fund. For claims for damages exceeding 100,000 SDRs, the defences under Article 21(2) of the Montreal Convention, as well as other defences under European and national law and these Terms and Conditions of Carriage, shall apply.

(c) To the extent that Section 21.2 Subsection (b) above does not stipulate otherwise, the defences under the Warsaw Convention or the Montreal Convention and applicable European or national law shall apply without restriction.

(d) In the event of accidents causing the death or bodily injury of a passenger, TUIfly shall 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 such as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. In the event of death, this advance payment will be not less than the equivalent in euros of 16,000 SDRs per passenger. The advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of TUIfly’s liability. The advance payment is not repayable, except in cases where Article 20 of the Montreal Convention applies or the passenger has contributed to the damage/loss or 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/loss by negligence.

(e) If a passenger is carried whose age or mental or physical condition is such that carriage involves any hazard or risk to themselves, TUIfly shall not be liable for any personal injury (including death), provided such personal injury is attributable to this condition. Passengers to whom carriage by air may, for these reasons, pose a risk, are obliged to notify TUIfly in advance in order that TUIfly can ascertain whether, and under which circumstances, carriage may be performed without endangering such passengers’ health. In cases of doubt, the pilot in command is entitled to refuse carriage.

21.3 Damage to baggage
(a) TUIfly’s liability for delay, damage, destruction or loss of baggage is, in cases where the Warsaw Convention applies and, where international carriage is involved, limited to the amount of EUR 27.35 per kilogram for checked baggage and to a maximum total amount of EUR 547.00 per passenger for hand baggage. For domestic carriage and international carriage as defined by the Montreal Convention, the liability for damage to baggage is limited to an amount equivalent to 1,000 SDRs per passenger (amount rounded to the nearest euro).

(b) The above limitations of liability do not apply if the damage was caused intentionally or recklessly by TUIfly as defined by the Warsaw Convention or the Montreal Convention.

(c) TUIfly is not liable for damage caused by items contained in passengers’ baggage unless such damage was caused by gross negligence or wilful misconduct on the part of TUIfly. Any passenger whose property causes damage to another passenger’s baggage or to the property of TUIfly, its agents/subcontractors, or third parties, shall reimburse TUIfly for all damage/losses and expenses incurred by TUIfly as a result thereof and shall indemnify TUIfly against any claims by 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 value of the damage/loss to be reimbursed shall be reduced accordingly.

Notice pursuant to Annex to EC Regulation 2027/97 as amended by EC Regulation 889/02

22.1 Air carrier liability for passengers and their baggage
This information notice summarizes the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.

(a) Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For personal injury up to 100,000 SDRs (approximate amount in local currency), the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

(b) Advance payments
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximate amount in local currency).

(c) Passenger delays
In case of passenger delay, the air carrier is liable for damage/loss unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,150 SDRs (approximate amount in local currency) (EN Official Journal of the European Communities 30.5.2002 L 140/5). Any liability under EC Regulation 261/2004 shall remain unaffected hereby. 

(d) Baggage delays
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to an amount approximately equivalent, in local currency, to 1,000 SDRs.

(e) Destruction, loss or damage to baggage
The air carrier is liable for destruction or loss of, or damage to, baggage up to an amount approximately equivalent, in local currency, to 1,000 SDRs. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective.
With regard to hand baggage the air carrier is only liable in the case of negligence or fault.

(f) Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

(g) Complaints regarding baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. Passengers whose checked baggage sustained damage must submit a written complaint within seven days; where baggage is delayed, a written complaint is required within 21 days. In both cases, these time limits begin on the date the baggage was placed at the passenger’s disposal.

(h) Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

(i) Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

(j) Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.

22.2
Disclaimer: This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Montreal Convention, and it does not form part of the contract between the carrier(s) and the passenger. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.

Personal data (such as name, address, telephone number and credit card details) are essential for booking. The protection of passengers’ personal data is very important to TUIfly. Data will be stored electronically and protected in compliance with the German Data Protection Act (BDSG) as well as additional applicable regulations on Internet data protection. TUIfly’s Privacy Policy, which you can find in the ‘Regulations’ section of its website (www.tuifly.com), shall also apply.

No agency, employee or other third party shall be entitled to alter or add to these Terms and Conditions of Carriage or to waive their applicability.

Verbal agreements shall be valid only if confirmed in writing.

Should one or more of the above provisions be ineffective, the validity of the remaining provisions shall remain unaffected.

27.1
The contract of carriage and these Terms and Conditions of Carriage are subject to German law.

27.2
The place of jurisdiction for actions brought by passengers who are merchants within the meaning of the German Commercial Code (HGB) shall be Hannover, Germany.
This clause does not apply within the scope of application of the Warsaw Convention or the Montreal Convention

28.1 General provisions
(a) The ‘Rail & Fly’ (‘Zug zum Flug’) product can be booked in conjunction with a TUIfly flight at travel agents, via the TUIfly Service Centre or on the Internet at www.tuifly.com.

(b) The Deutsche Bahn (DB) ticket entitles the holder to travel on all of Deutsche Bahn AG’s trains (including Inter-City Express (ICE), Inter-City (IC) and EuroCity (EC) trains) and on all of its routes, in the class of travel indicated on the ticket. Use of ICE Sprinter trains is subject to a separate surcharge and requires a seat reservation. The reservation charge for ICE Sprinter services is included in this surcharge.

(c) These tickets are not valid on DB’s motorail (Autozug) services, Thalys trains and special trains (Sonderzüge). In DB’s night trains (Nachtzüge) and the CityNightLine service, seats, reclining seats and sleeping-car berths can be reserved subject to availability.

(d) For departures from Basel’s EuroAirport, fares include travel on the Basel Bad to Basel SBB rail route and on the number 50 bus line from the Basel SBB station. The Rail & Fly ticket is not valid for departures from other airports outside Germany, or for domestic rail routes up to the German border. For TUIfly passengers entering the country from abroad, the Rail & Fly ticket is valid from the border for departures from German airports.

(e) The tickets can be used on the day before departure, on the day of departure itself, on the day of return and on the following day. The period between the outward and return journeys may not exceed twelve (12) months. The Rail & Fly ticket allows stopovers on the journey to the airport. Passengers must travel to their destination airport and return to their home railway station via the usual route of travel or on routes dictated by the current timetable. The departure and arrival airport do not need to be the same.

(f) As delays are always possible when public transport is used, passengers should choose a connection that will get them to the departure airport at least two hours before the scheduled departure time. Passengers are themselves responsible for getting to the airport in good time.

28.2 Fare terms and conditions for Rail & Fly

• Details of currently applicable fares can be viewed on our website (http://www.tuifly.com/) or obtained from the TUIfly Service Centre (see Section 2 for contact details and costs) or from travel agents.
• Children under the age of six (6) travel on Deutsche Bahn rail services free of charge.
• Whichever booking channel is used (Internet, Service Centre or a travel agent), Section 6 shall apply accordingly for booking amendments.
• Rail & Fly tickets are not valid for bookings of domestic German flight routes.
• DB tickets not used are non-refundable.

28.3 DB ticket
Rail tickets for each journey and passenger (DB tickets) are attached in electronic form to the confirmation of the booked flight, as is the ‘Fahren und Fliegen’ ticket (ticket for the local public transport in combination with a flight). DB tickets will be collected by train staff. The DB passenger coupon remains (uncollected) with the other travel documents and is marked as inspected by rail staff. The ‘Fahren und Fliegen’ ticket shall also remain (uncollected) with the travel documents. Children under the age of 6 are carried free of charge and travel on the ticket of the person accompanying them. The DB ticket and ‘Fahren und Fliegen’ ticket are valid only in conjunction with a TUIfly booking confirmation and a valid identity card/passport.

28.4 Incorporation of terms and conditions of carriage for passenger trains
Deutsche Bahn AG’s terms and conditions of carriage for passenger trains shall apply.


This version: 15 July 2009